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CODE OF PUBLIC INSTRUCTION.

SCHOOL LAWS

OF THE

State of Washington,

WITH

0/

iX

^I^FEISTDIX

Embracing the Constitution of Washington,
Official Rulings, and Blank Forms.

^^"

THIS VOLUME IS STATE PEOPEKTY

AND IS FOR FSB BY THE OFFICERS OF

D istri ct No , Cou nty of

State of Washington.

School officers, on retiring from office, are required toy law to deliver this volume, with
all other books and documents of an official character, to the clerk of the district.

PUBLISHED BY AUTHORITY.

1901

OLYMPIA, WASH.

GWIN HICKS, . . . STATE PRINTER.

1901.

LIBRARY

UNITED STATES BUREAU OF EDUCATION,

DEPARTMENT OF THE INTERIOR.

Entry Catalogue Number

C/ass

PRESENTED BY

Code of Public Instruction

OF THE

State of Washington,

^ WITH 1^ SEP 30

/^

EmlDraeing the ConstitiAtion of "Washington, Official Ruhngs, and
Blank Forms.

PUBLISHED BY AUTHORITY.

^H^'a>V<.v-\0

1901.

OLYMPIA, WASH.

GWIN HICKS, . . . STATE PRINTER

1901.

\

^v

I

IIN^TRODXJCTION .

The school laws set forth one of the duties of the Superintend-
ent of Public Instruction as follows: ''Sixth, To cause to be
printed, with an appendix of appropriate forms and instructions
for carrying into execution the laws relating to public schools,
and to distribute to each county superintendent a sufficient
number of copies to supply each district officer, and to cause the
same to be printed and distributed as often as any change in the
laws makes it of sufficient importance, in his opinion, to justify
the same."

In accordance with the foregoing I herewith submit the " Code
of Public Instruction," as amended by the Legislatures of 1899

and 1901. ' R. B. Bryan,

Superintendent of Public Insti'tiction.

OUTLINE OF PUBLIC SCHOOL SYSTEM.

TITLE I.— DIVISIONS OF TERRITORY.
Chapter 1.— The State.

Section 1. System to consist of.
Chapter 2. — The County.

Section 2. Supervision.

Chapter 3.— The District.
Section 3. Term defined.
Section 4. Form of organization.
Section 5. Altering boundaries.
Section 6. Limited to four sections or more.
Section 7. May purchase school house site.
Section 8. Preference right to purchase.

Chapter 4. — Joint and Union Districts.
Article I. — Union Schools.

Section 9. Form of organization.

Section 10. Powers of officers.

Section 11. Determine grades and pay expenses.

Article II. — Consolidated Districts.
Section 12. Officers and number of.
Section 13. Division of funds.
Section 14. Retain corporate existence.
Section 15. Organization of board.

Article Ill.^Joint Districts.
Section 16. When formed.
Section 17. How organized.
Section 18. Reports from and apportionment to.

TITLE II.— POWERS AND DUTIES OF OFFICERS.
Chapter 1.— Administerative Officers.
Section 19. Officers named.

Chapter 2,— Superintendent op Public Instruction.
Section 20. Election.
Section 21. Salary.
Section 22. Powers and duties.
Section 23. Clerical assistance.

6 OUTLINE OF PUBLIC SCHOOL SYSTEM.

TITLE 11— Continued:

Chapter 3. — State Board of Education.
Section 24. Appointment.
Section 25. Meetings and expenses.
Section 26. Vacancies.
Section 27. Powers and duties.

Chapter 4. — Board of Higher Education.
Section 28. Consists of whom.
Section 29. Duties.

Chapter 5.— County Superintendent of Common Schools.

Section 30. Election, deputy and vacancies.

Section 31. Eligibility.

Section 32. Eligibility — official ballot.

Section 33. Powers and duties.

Section 34. Require and file reports.

Section 35. Office days.

Section 36. Appeals.

Section 37. County commissioners furnish stationery.

Section 38. Mileage expenses.
Chapter 6. — School District Directors.

Section 39. Election and qualification.

Section 40. Powers and duties.

Section 41. Liability for district debts.

Section 42. Charge tuition.

Section 43. Make by-laws — regular meetings.

Section 44. Transact business for the district.

Section 45. Have no pecuniary interest in.

Section 46. Limit of district indebtedness.

Section 47. Appeals.
Chapter 7. — District Clerk.

Section 48. Election, qualification and appointment.

Section 49. Powers and duties.

Section 50. Compensation.

Chapter 8. — Teachers.

Section 51. Qualification.

Section 52. Make reports.

Section 53. Properly keep the school register.

Section 54. Enforce the course of study and rules of board

Section 55. Employment on written order.

Section 56. Not teach on holidays, etc.

Section 57. Power to control and suspend.

Sestion 58. To teach the virtues.
Chapter 9.— County Treasurer.

Section 59. Powers and duties.

Chapter 10.— General Provisions Relating to Officers.
Section 60. Deliver books and papers to successor.
Section 61. Take an oath.
Section 62. File signature.
Section 63. Recognizing former officers.

OUTLINE OF PUBLIC SCHOOL SYSTEM.

TITLE III.— THE COMMON SCHOOL SYSTEM.
Chapter 1. — District Schools.
Section 64. Definition.
Section 65. Subjects taught.
Section 66. School day and month.
Section 67. School year.
Section 68. Contagious diseases.
Section 69. Pupils must comply with rules.
Section 70. Length of term.
Section 7L Compulsory attendance.

Chapter 2. — Graded and High Schools.
Section 72. Cities are one district.
Section 73. Select a principal.
Section 74. Select a superintendent for city schools.

Chapter 3.— Cities of Ten Thousand or More Inhabitants.
Section 75. Organization.
Section 76. Constitution of board of directors.
Section 77. Election.

Section 78. Electors and registration of voters.
Section 79. Declare result of election.
Section 80. Qualification of directors.
Section 81. Elections by viva voce vote.
Section 82. Duty of president of board.
Section 83. Duty of vice president of board.
Section 84. Duty of secretary of board.
Section 85. Secretary to give bonds.
Section 86. Regular meetings of board.
Section 87. Maintain an office.
Section 88. County treasurer ex officio treasurer.
Section 89. Board to fill vacancies in their number.
Section 90. Quorum.
Section 91. Auditing.

Section 92. Powers and duties of the board.
Section 93. Annual census.
Section 94. Directors no interest in contracts.
Section 95. Power to sell property limited.
Section 96. Advertise for bids.
Section 97. Annual school levy, how made.
Section 98. Limit of tax levy.

CtiAPTER 4.^ County Institutes.
Section 99. When must be held.
Section 100. When may be held.
Section 101. Length of Session.

Section 102. When teachers are teaching during session.
Section 103. Institute fund created.
Section 104. Expenses allowed by commissioners.

Chapter 5. — Text Books.
Article I. — Adoption of Books.
Section 105. Adopting board to consist of whom.

8 OUTLINE OP PUBLIC SCHOOL SYSTEM.

TITLE III.— Chapter b— Continued.
Article 11. — Free Text Books.

Section lu6. Board may provide free text books.

Section 107. Officers may levy special tax.

Section 108. Rules for care of books.
Chapter 6.— School, Revenues.

Section 109. Principal of the common school fund.

Section 110. Income exclusively for current use.

Section 111. State annual school levy.

Section 112. Special levy.

Section 113. Fines, penalties and forfeitures.

Section 114. Warrants paid in order.

Section 115. New district entitled to money.

Section 116. How apportioned to new district.
Chapter 7. — Bonds.

Section 117. Authorized.

Section 118. Election to vote.

Section 119. Shall advertise sale.

Section 120. Board to sell to highest bidder.

Section 121. County Commissioners to levy interest.

Section 122. County treasurer to pay interest from interest fund.

Section 123. Board to furnish lithographed bonds.

Section 124. Board may refund.

Section 125. Holder to notify the treasurer.

Section 126. Incidental expenses.

Section 127. Method of redemption.
Chapter 8. — Validation of Debts.

Section 128. Authorization.

Section 129. Board adopts a resolution to validate.

Section 130. Determine time and place for election.

Section 131. Call an election of district.

Section 132. May issue bonds.

Section 133. Shall advertise for sale.

Section 134. Holders of warrants may exchange for bonds.

Section 135. Notice of election to the treasurer.

Chapter 9.— Certificate of Teachers.
Article I.

Section 136. Validation of outstanding certificates.

Section 137. Classification of certificates.
Article II.

Section 138. Life diplomas and state certificates on examination.

Section 139. State certificates without examination.
Article III.

Section 140. Examination before county superintendent.

Section 141. Subjects of examination.

Section 142. Examination fee.

Section 143. County superintendents forward papers.

Section 144. First grades renewable.

Section 145. Second examination possible when.

Section 146. Temporary certificates.

OUTLI-NE OP PUBLIC SCHOOL SYSTEM. 9

TITLE III.— Chapter 'd— Continued :

Article IV. — General Provisions.
Section 147. Registration of certificates.
Section 148. Certificates naay be revoked.

Chapter 10. — Elections and Meetings.
Article I. — General Elections.

Section 149. Date of annual election.

Section 150. Notice of time and place.

Section 151. Form of election.

Section 152. Ballots and challenges.

Section 153. Q'jalification of electors.

Section 154. Declaring result of election.

Section 155. Certificates of election and tie votes.
Article II. — Special Elections.

Section 156. To determine what.

Section 157. How held.

Section 158. Directors shall carry out the vote.

Chapter 1L — Penalties.

Section 159. State board of education.
Section 160. County superintendent of schools.
Section 161. Failure to account for school money.
Section 162. Failure to teach hygiene.

Section 163. County superintendent's failure to enforce teaching hy-
giene.
Section 164. District clerk.
Section 165. Failure to deliver to successor.
Section 166. Teacher's failure to enforce course of study.
Section 167. Abuse of pupils.
Section 168. Failure to attend institute.
Section 169. Abuse of teacher.
Section 170. Disturbing a school.
Section 171. Failure to send children to school.
Section 172. Defacing property.
Section 173. Vivisection.

Section 174. Failure to use authorized text books.
Section 175. Failure to maintain school legal time.

Chapter 12.— General Provisions.
Section 176. " He " or " his."

Section 177. Superior judge enforce compulsory law.
Section 178. Against vivisection.
Section 179. Dissection permitted when.
Section 180. Shall procure and display flag.
Section 181. Kindergarten schools.

TITLE IV.— HIGHER AND SPECIAL INSTITUTIONS.
Chapter 1. — University of Washington.
A rticle I. — A dm inistration.

Section 182. Location and name.
Section 183. Aim and purpose.

10 OUTLINE OF PUBLIC SCHOOL SYSTEM.

TITLE IV.— Chapter \.— Article I .—Continued :

Section 184, Government.

Section 185. Organization of board of regents.

Section 186. Powers of board of regents.

Section 187. The faculty.

Section 188. Non-sectarian.

Section 189. Attorney general the legal adviser.
Chapter 2.— Ageicultural College.

Section 190. Organization.

Section 191. Ex-officio visitors.

Section 192. Courses of instruction.

Section 193. Departments.

Section 194. Board of regents and their powers.

Section 195. OfiBcers and their bonds.

Section 196. Duties of officers.

Section 197. Adoption of by-laws.

Section 198. Management of funds.

Section 199. Experiment station.

Section 200. Congressional requirements.

Section 201. Meeting of board of regents.

Section 202. Oaths of regents.

Section 203. Expenses of board of regents.

Section 204. Biennial report.

Section 205. Disbursements by the treasurer.

Section 206. Employes shall have no interest in contracts.

Section 207. Governor ex-officio member of board.

Section 208. Power to grant degrees.

Section 209. Power to erect buildings.

Section 210. Power to employ architects.

Section 211. Current expenses.
Chapter 3. — Normal Schools.

Section 212. Establishment of normal schools.

Section 213. Appointment of trustees.

Section 214. Election of officers — by-laws.

Section 215. Powers of board.

Section 216. Boarding houses.

Section 217. Meetings of board.

Section 218. Duties of principal.

Section 219. Training school.

Section 220. Diplomas and certificates.

Section 221. Tuition expenses.

Section 222. Courses of study.

Section 223. Text books.

Section 224. Age for admission.

Section 225. Annual meeting of principals.

Section 226. Biennial report.

Section 227. Trustees shall have no interest in contracts.
Chapter 4. — School for Defective Youth.

Section 228. Establishment.

Section 229. Who admitted.

Section 230. Management.

OUTLINE OF PUBLIC SCHOOL SYSTEM. H

TITLE IV — Chapter 4 — Continued:

Section 231. Powers of the board.

Section 232. Appointment of board.

Section 233. Vacancies.

Section 234. Constitution of board.

Section 235. Official notice of appointment.

Section 236. Annual meeting.

Section 237. Treasurer's bond.

Section 238. By-laws.

Section 239. Special meetings.

Section 240. Quorum. •

Section 241. Official notice of meetings.

Section 242. Meeting of executive committee.

Section 243. Inspection by executive committee.

Section 244. Trustees shall have no interest in contracts.

Section 245. Financial and official year.

Section 246. School term.

Section 247. Biennial report.

Section 248. The director.

Section 249. Director responsible for property.

Section 250. Removal of director.

Section 251. Admission of non-residents.

Section 252. School clerk's reports.

Section 253. County superintendent's duty.

Section 254. Compulsory attendance.

Section 255. Expenses of indigent pupils.

Section 256. Penalties.

TITLE v.— REPEALING AND EMERGENCY CLAUSES.

Section 257. Repealing school laws.
* Section 258. Emergency declared.

ADDITIONAL LAWS.

1. Registration of voters in school elections in cities of 10,000 or more.

2. Relating to vivisection and dissection.

3. Relating to compulsory attendance in cities of 10,000 or more.

4. Providing for county boards of grammar school examiners.

5. Amending Ballinger's Code relating to refunding of bonds.

6. Relating to violation of contracts by teachers.

7. Fines, penalties and forfeitures belonging to school districts.

8. Portion of license money for sale of liquors belong to school districts.

CODE OF PUBLIC INSTRUCTION.

An Act to establish a general, uniform system of public schools in
the State of Washington, as passed by the Legislature of 1897,
and as amended by Chapters XIV and CXLII of the Laws of
1899, and by Chapters XLI, CIV and CLXXVII of the Laws of
1901 ; also embracing Chapter XXXII, Laws of 1897, being "An
act to provide for the registration of voters in all school elec-
tions, in school districts having a population of ten thousand or
more inhabitants, and regulating elections in such districts ; "
Chapter XXVI of the Laws of 1897, being " An act to prevent
vivisection and regulate dissection in the schools of the State
of Washington, except medical and dental schools, or medical
department of any school, and providing a penalty therefor ; "
Chapter CXL, Laws of 1899, being "An act providing for the
compulsory attendance of children in the public schools in cities
of more than ten thousand inhabitants, " and Chapter XLIX,
Laws of 1901, being "An act providing for county boards of
grammar school examiners, prescribing manner of appoint-
ment, term of office, duties and compensation of such boards,"
and Chapter CXXVI, Laws of 1901, being "An act relating to
school teachers who violate their contracts for teaching."

Be it enacted by the Legislature of the State of Washington :

TITLE I.— DIVISIONS OP TERRITORY.
Chapter 1. — The State.
Section 1. A general and uniform system of public state system

" _ -^ -"^ of schools.

schools shall be maintained throughout the State of
Washington, and shall consist of common schools (in
which all high schools shall be included ), normal
schools, technical schools, University of Washington,
school for defective youth and such other educational
institutions as may be established and maintained by
public expense.

Chapter 2 — The County.

Sec. 2. For the purposes of supervision and admin-
istration each county in the state shall constitute one
county district.

14

CODE OF PUBLIC INSTRUCTION.

School district
defined.

Formation of
a new district.

Notice.

Appeal.

Chapter 3. — The District.

Sec 3. The term " school district," as used in this act
is declared to mean the territory under the jurisdiction
of a single school board designated as " board of direct-
ors," and shall be organized in form and manner as
hereinafter provided, and shall be known as district

No , county : Provided, That all school

districts now existing, as shown by the records of the
county superintendents, are hereby recognized as le-
gally organized districts.

Sec. 4. For the purpose of organizing a new district,
a petition in writing shall be made to the county super-
intendent, signed by at least five heads of families
residing within the boundaries of the proposed new
district, which petition shall describe the boundaries of
the proposed new district and give the names of all the
children of school age residing within the boundaries
of such proposed new district, at the date of presenting
said petition. The county superintendent shall give
notice to the parties interested by causing notices to be
posted at least twenty (20) days prior to the time ap-
pointed by him for considering said petition, in at least
three of the most public places in the proposed new
district, and one on the school house door- of each dis-
trict affected by the proposed change, or if there be no
school house, then in one of the most public places of
said old district, and shall, on the day fixed in the
notice, proceed to hear said petition, and if he deem it
advisable to grant the petition he shall make an order
establishing said district and describing the boundaries
thereof, and shall certify his action to the board of
county commissioners at their next regular meeting :
Provided, That when in the formation or alteration of
any school district, or after the refusal of the count}'
superintendent to form or alter a school district as
prayed for, if any person or school district affected by
such formation or alteration, or by such refusal to form
or alter a school district as prayed for, shall feel ag-
grieved by the action of the county superintendent, he
or it may appeal to the board of county commissioners

CODE OF PUBLIC INSTRUCTION. 15

of his or its county. Said appeal shall be filed with the
clerk of the board of county commissioners within
twenty days after the action complained of, and shall
state in a clear and concise manner the matters com-
plained of, which statement shall be verified by the
affidavit of the appellant or appellants or some one in
his, her or its behalf. Copies of the notice of appeal
shall be filed with the county superintendent and with
the clerk of each school district affected by the appeal,
at the time of filing said notice with the clerk of the
board of county commissioners: Provided, That in case Maybemed

-^ with other

of a vacancy in the office of clerk of such school district, officer in case

•J ' of vacancy in

then the copy of the notice of appeal may be filed with clerk's oface.
any member of the school board of such school district.
The county commissioners shall, at their next regular Hearing,
meeting, appoint a time and place when such appeal
shall be heard. At such appointed time and place they
shall hear and determine said appeal, and shall have
power to summon witnesses and their action shall be
final : And provided further, That at such hearing be- pn°endent's^^'
fore the county superintendent he shall hear testimony ^'^'^I'^ss.
offered by any person or school district interested and
find and determine the amount of bonded and other in-
debtedness of all the school districts affected by the for-
mation of the new district, and shall find and determine
the amount and value of all school property retained
by the old district or districts, and shall find and de-
termine the amount, as nearly as may be, of the said
outstanding indebtedness that was incurred for per-
manent improvements, and the amount incurred for
current expenses, and shall make an equitable adjust-
ment of all debts and liabilities between such new dis-
trict and the old district or districts, and the proportion
and amount of such debts and liabilities to be paid by
each district, and the decision of said county superin-
tendent shall be final, unless appealed from within the
time provided by law : And provided further, That every Liawities of

^ <J 1:' J t J each district.

school district which shall be enlarged or created from
territory taken from any other school district or school
districts shall be liable for a just proportion of the

16

CODE OF PUBLIC INSTRUCTION.

Creditors'
rights not
affected.

Transfer of
territory.

Petition.

Filing of
petition and
posting of
notice.

existing debts and liabilities of the school district or
school districts from which suchterritory shall be taken:
Provided, That in such accounting one school district
shall not be charged with any debt or liability then
existing, incurred in the purchase of any school district
property, or in the purchase or construction of any
buildings or permanent improvements then in use or
under construction (or for which obligations have been
incurred) which shall fall within and be retained by the
other school district, but each district retaining such
property shall be liable for the indebtedness therefor :
Provided further, That this shall not be construed to
affect the rights of creditors : Provided further, That in
case of an appeal by the school district the affidavit on
appeal may be made by any school district officer of the
school district so appealing: Provided further, That when
an appeal is taken to the board of county commissioners
as herein provided, they shall hear and determine the
matter de novo and render such a decision as should
have been made by the county superintendent.

Sec. 5. (As amended by chapter clxxvii, Laws 1901).
For the purpose of transferring territory from one
district to another or enlarging the boundaries of any
school district, a petition in writing shall be presented
to the county superintendent, signed by a majority of
heads of families residing in the territory which it is
proposed to transfer or include, w^hich petition shall
describe the change which it is proposed to have made.
It shall also state the reason for desiring said change,
and the number of children of school age residing in
the territory to be transferred. The county superin-
tendent shall file said petition in his office and shall
give notice to parties interested by causing to be posted
notices at least twenty days prior to the time appointed
by him for considering said petition, one of which shall
be in a public place in the territory which it is pro-
posed to be annexed or transferred, and one on the
door of the school house in each district affected by
the change, or if there be no school house in such
district, then in some public place in such district or

CODE OF PUBLIC INSTRUCTION. 17

districts ; and at the time stated in said notices he shall
proceed to hear said petition, and if he deem it advis-
able he shall grant the same and make an order fixing
the boundaries of the districts affected by this action,
and shall certify his action to the board of county com-
missioners at their next regular meeting: Provided,
That the county auditor shall, in all cases of the forma- Proviso,
tion of new districts or the alteration of school district
boundaries, certify the action of the county com-
missioners to the county assessor and to the county
superintendent : Provided further. That an appeal may proviso.
be taken, as provided for in section 4 of this chapter.

Sec. 6. (As amended by chapter clxxvii. Laws of
1901). In forming new districts, or transferring ter- J^^Ttei^^o^not
ritory from one district to another, or changing gl^lj^^'^g'^*"^^
boundaries of districts, no school district shall con-
tain less than four sections of land, unless said dis-
trict can support six months' school per year after such
change of territory : Provided, That the county super- Proviso,
intendent may establish a district with less than four
sections on a petition signed by eighty per cent, of all
the heads of families of the proposed district, by and
with the consent of the State Superintendent of Public
Instruction.

Sec. 7. That any school district may purchase, under |^^°°' ^°"^®
the provisions of law governing the sale thereof, a
school house site or sites of not less than one acre nor
more than five acres each, of any school lands of the
State of, Washington.

Sec. 8. That in all cases when a school house is or ^gtrttr^^
may be erected upon any school lands of this state the p^^'^^iase.
school district to which such school house belongs
shall have the preference right for six months after
the filing of the final appraisal of such school lands
not already appraised, to purchase school house sites
to include the lands occupied by such school houses,
at the appraised value thereof.
—2

18

CODE OF PUBLIC INSTRUCTION.

Union of

districts.

Meeting of
voters.

Term of office
of clerk and
president.

Annual
election, when,

Proviso.

Proviso as to
local condi-
tions.

Proviso as to
course of
study.

Chapter 4.— Joint and Union Districts.

ARTICLE I.— union SCHOOLS.

Sec. '9. (As amended by chapter clxxvii, Laws of
1901). "Whenever the residents of two or more school
districts may wish to unite for the purpose of estab-
lishing a union or graded school the clerks of said
districts by order of the boards of directors, shall,
upon a written or printed petition of five or more heads
of families of their respective districts, call a meeting
of the voters of such districts at some convenient place
by posting written or printed notices in like manner
as is provided for calling annual school district elec-
tions ; and if a majority of the voters of each district
shall vote to unite for the purposes herein stated, the
boards of directors of the several districts so voting to
unite shall constitute the board of directors of such
union district, and shall, within ten days thereafter,
meet and organize by electing one of their number
president of the board, and selecting their clerk for such
union district ; and the clerk and president chosen at
such meeting shall hold their respective ofiices until the
next annual school district election and until their suc-
cessors are elected ; and the election of president and
clerk shall occur annually thereafter, on the second Sat-
urday, next succeeding the annual school district elec-
tion : Provided, That in union districts consisting of
three or more school districts the board of directors of
said union district shall be composed of a chairman of
the several boards of directors of the districts comprised
in such union district: Provided, That if local condi-
tions admit of it the directors of any union district may,
at their discretion, admit pupils residing in such union
district, belonging to [a] grade lower than the high
school grades, but no pupil belonging to a grade lower
than the seventh shall ever be admitted to any such
union school : Provided further, That the course of
study for such grade or grades shall not be inconsistent
with the laws of this state, and shall b-e such as shall
be approved by the Superintendent of Public Instruc-
tion.

CODE OF PUBLIC INSTRUCTION. 19

Sec. 10. (As amended by chapter clxxvii, Laws of
1901). The board of directors and clerk provided
for in the preceding section shall, in all matters re- to^cufrsand
lating to the union or graded schools of such dis- ^^^^^'
trict, possess all the powers herein provided for
school district officers, including the power to levy
special taxes for the purpose of furnishing trans-
portation to pupils to and from school and other addi-
tional school facilities for the union district, or for the
payment of teachers' wages, or for the purchase of fuel,
supplies, globes, maps, charts, books of reference or
other appliances for teaching, or for any or all of these
purposes. They shall discharge all the duties and be Dutyof cierk.
governed by the laws herein provided for school dis-
trict officers, and the clerk of such union district shall,
immediately upon his election, inform the county super-
intendent of the organization of the district. Upon the
receipt of such notice of organization the county super-
intendent shall designate such union district by num-
ber, as "Union District No. — , County," and Districts to be

' ' J ' numbered.

shall notify the county treasurer of the organization of
such district: Provided, That such district shall be en-
titled to and shall receive apportionments from the apportfon^ *°
state annual school fund in the manner provided by '^®'^*^-
law for the apportionments from the state annual fund
to other school districts : Provided further, That the
Superintendent of Public Instruction shall apportion piyoyj^fon
annually to each union district the sum of one hundred
($100 ) dollars for each grade above the grammar grade
maintained in such schools.

Sec. 11. (As amended by H. B. 472, Laws of 1899).
The directors of such union districts shall determine course of

study.

what grade or grades above the grammar grade of the
state common school course of study shall be pursued
and maintained in such schools : Provided, That the
course of study for such grade or grades shall not be
inconsistent with the laws of this state ; and the teacher
or teachers of such union schools shall keep such rec- Reports.
ords and make such reports as are required of teachers
of schools in the districts composing such union dis-

20

CODE OP PUBLIC INSTRUCTION.

tricts, and shall make such other reports as may be re-
quired by the Superintendent of Public Instruction.

Organization.

Offlicers and
their powers.

Number of

consolidated

district.

Property be-
longing to the
consolidated
di.^trict.

Component

districts retain
their corporate
existence.

ARTICLE II. — CONSOLIDATED DISTRICTS.

-Sec. ]2. When two or more school districts are con-
solidated by the provisions of this act, or where two or
more districts are consolidated by the uniting of two
or more incorporated cities or towns, as provided by
law, all the directors of the several districts so consoli-
dated shall constitute the board of directors of the new
district so formed, and shall have all the powers and au-
thority conferred by the laws of this state upon school
district officers until the next annual school election in
said district, at which time there shall be elected three
directors and one clerk for said district, in the manner
provided by law, who shall hold their respective offices
as provided for the officers of new districts ; and the
county superintendent of any county in which new
districts are formed by the uniting of two or more cities
or towns, or by the incorporating of any city or town
lying partly in two or more school districts, shall, upon
being notified of such action by the clerk or by the
board of directors of such new district, proceed to des-
ignate such new district by a number not the same as
that of either component district or of any existing
district, and to make a record of the boundaries thereof,
and he shall certify such facts to the board of county
commissioners, to the county treasurer and to the clerk
of the new district thus formed.

Sec. 13. All school districts formed by the uniting of
two or more city or town districts, as provided for in
this act, shall be entitled to the funds and other public
property of the other school districts so united, and the
county superintendent shall apportion all funds to the
new district in accordance with this provision and shall
certify such apportionment to the county treasurer.

Sec. 14. Each school district composing said con-
solidated district shall retain its corporate existence so
far as and until its indebtedness has been paid in full,
and the officers of said new district shall have the

CODE OP PUBLIC INSTRUCTION. 21

power and it shall be their duty to provide by appro-
priate levies uj)on such old district as may be necessary
for the payment of indebtedness : Provided, That when
such payment of indebtedness is fully made the clerk
of the district shall enter the fact upon the records of
the district and report the same to the county superin-
tendent of schools.

Sec. 15. When two or more school districts shall be organization

of board of

united by the provisions of this act, the boards of di- <iii"ectors.
rectors of the several districts so united shall, within
thirty days thereafter, meet and organize the new board
by the election of one of their number as president of
the board. They shall also elect a clerk for said dis-
trict, and the clerks of the several districts so united
shall deliver to said clerk all' books, papers and records
belonging to their respective offices. The clerk of the
new district thus formed shall immediately notify the
county superintendent of the organization of the new
district.

ARTICLE III. — JOINT DISTRICTS.

Sec. 16. When the public good requires it, a school when formed.
district may be formed of contiguous territory lying
in two or more counties, and such districts shall be
known as joint districts. They shall be designated by
a separate number for each county in which any por-
tion of their territory may lie.

Sec. 17. For the purposes of forming such joint dis- organization,
tricts, a petition shall be presented, drawn and signed
as prescribed for the formation of other school districts ;
but such petition shall be presented in duplicate to the
superintendent of each county affected by the proposed
district, and the superintendent of each such county
shall post notices of the hearing of the petition before
him as in the case of petitions for other districts : Pro-
vided, That at least one notice shall be posted in each
county affected, such notice being posted in a public
place within the boundaries of the proposed joint dis-
trict. Each county superintendent shall conduct his
hearing within his own county, and the consent of the

22 CODE OF PUBLIC INSTRUCTION.

superintendents of all the counties affected shall be
necessary to the formation of the district.

offlcers°°^ Such consent shall be certified in writing by each

superintendent to each of the others, and when all
have consented they shall jointly issue a call for a
special election in such joint district for the purpose
of selecting officers for said district. The call for such
election shall be posted as in the case of other special
elections, and the officers elected shall qualify within
two days after the election. Such officers shall serve
only until the next regular annual election, when a full
set of officers shall be elected as provided in the case
of other new districts. Every director or clerk of the

Oath of office, joint district shall file his certificate of election and
oath of office with the county superintendent of each
county in which any portion of his district lies, and
he shall file his signature as required by law in the
office of the county treasurer of each such county.

Vacancies. Vacancies in the office of director or clerk of a joint
district shall be filled by appointment b^j^the county
superintendent in whose county the officer vacating
resided while serving, and a copy of such appointment,
with the oath endorsed thereon, shall be filed in the
office of each county superintendent.

Reports from Sec. 18. All rcDorts from joint districts shall be made

joint districts ^ *'

and apportion- {^ f^i\ to the couuty Superintendent of each county af-

ment to. J r j

fected thereby : Provided, That any county superintend-
ent may order the segregation, of any items of such
report so as to show separately the numbers or amounts
from each county affected thereby: And provided fur-
ther, That for the purpose of the apportionment of state
school funds the district shall be considered as belong-
■ ing to the county in which the school building is
located.

TITLE II.— OFFICERS, THEIR POWERS AND DUTIES.
Chapter 1. — Administrative Officers.
Administra- Qec. 19. The administration of the public school

tion. ^

system shall be entrusted to a State Superintendent of
Public Instruction, a State Board of Eudcation, a board

CODE OF PUBLIC INSTRUCTION. 23

of higher education, regents or trustees for educational
institutions, county superintendents of common schools,
boards of directors and district clerks.

Chapter 2. — Superintendent of Public Instruction.

Sec. 20. A Superintendent of Public Instruction shall ^^^^ elected.
be elected by the qualified electors of the state, on the
first Tuesday after the first Monday in November of
the year in which state ofiicers are elected, and shall
hold his ofiice for the term of four years, and until his
successor is elected and qualified.

Sec. 21. The Superintendent of Public Instruction salary.
shall receive an annual salary of twenty-five hundred
dollars, payable monthly, upon warrant of the State %
Auditor, drawn upon the State Treasurer, in the same
manner as other state officers are paid.

Sec. 22. (As amended by chapters xli and clxxvii,
Laws of 1901). The powers and duties of the superin-
tendent of public instruction shall be :

First. To have supervision over all matters pertain-
ing to the public schools of this state.

Second. To report biennially to the Governor on or fepon to
before the first day of November preceding the regular ^^^^^''^o''-
session of the Legislature, of which report three thou-
sand copies shall be printed and delivered to the super-
intendent of public instruction who shall furnish two
copies to be deposited in the state library, one copy to
each county superintendent of schools and one copy to
each district library. Said report shall contain a state
ment of the general condition of the public schools of ^au*ccmtain.
the state, with full statistical tables by counties show-
ing the number of schools and the attendance ; the state
and county school funds apportioned, amount received
from special tax, and from other sources, amount ex-
pended for salaries of teachers, the salaries paid by the
severalcounties to the county superintendent of schools,
and the amount paid him for incidentals and expenses ;
the amount paid for building and providing school-
houses, furniture and apparatus, the amount of bonded
or other school indebtedness, with the rate of interest

24

CODE OF PUBLIC INSTRUCTION.

Statement of
plans.

Printing of

necessary

blanks.

To visit vari-
ous counties
of this state.

Monthly state-
ment to State
Auditor.

Proviso.

Forms to toe
printed.

Ex-offlcio
president of
State Boai'd of
Education.

paid thereon, the reports of all state educational insti-
tutions, or such portions of them as he may think ad-
visable, together with such other facts as he may deem
of general interest. He shall also include in his report
a statement of plans for the management and improve-
ment of the schools.

Third. To prepare and have printed such blanks,
forms, registers, courses of study, rules and regulations
for the government of the common schools, questions
prepared for the examination of teachers, and such
other blanks and books as may be necessary for the dis-
charge of the duties of teachers and officers charged
with the administration of the laws relating to the com-
mon schools ; and to distribute the same to the county
superintendents.

Fourth. To travel in the different counties of the state
where public schools are taught without neglecting his
other official duties as Superintendent of Public In-
struction, for the purpose of visiting schools, of con-
sulting the county superintendents, and of addressing
public assemblages on subjects pertaining to public
schools ; also to conduct such correspondence as may
enable him to obtain all necessar}^ information relating
to the system of public schools in other states.

Fifth. To submit to the State Auditor a monthly
statement of his expenditures for traveling expenses :
Provided, That said expenditures shall not exceed eight
hundred dollars in one year.

Sixth. To cause to be printed with an appendix of
appropriate forms and instructions for carrying into
execution the laws relating to public schools, and to
distribute to each county superintendent a sufficient
number of copies to supply each district officer and to
cause the same to be printed and distributed as of^en
as any change in the laws make it of sufficient import-
ance, in his opinion, to justify the same.

Seventh. To act as ex-officio president of the State
Board of .Education.

Eighth. To hold biennially on or before the first day
of October following the election of county superin-

CODE OF PUBLIC INSTRUCTION. 25

tendents, a convention of the county superintendents ^q^^^^^^^Jq^^^
of the state, at such time and place as he may deem fmendents.^^
convenient, for the discussion of questions pertaining
to the supervision and administration of the school
laws and such other subjects affecting the welfare and
interests of the common schools as may be brought
before it.

* Ninth. Upon receipt from the State Auditor of a Apportion-

^ ■'• ment of school

certificate of the state school fund subject to apportion- ^'^"'^^s-
ment, to apportion within ten days said fund among
the several counties of the state in proportion to the
total days attendance: Provided, That each school dis- Proviso,
trict shall be credited with at least two thousand total
days attendance. The basis of said apportionment shall Basis,
be the last annual reports of the several county super-
intendents on file in his office at the time of making
his apportionment; Provided further, If a pupil attends Proviso.
any school of the state outside his resident district dur-
ing the time the resident district maintains school of
the grade in which the pupil belongs, the attendance
shall be credited to the district in which the pupil re-
sides, unless mutually arranged otherwise by the di-
rectors, and the clerk of any district whose resident
pupils are attending school in another district shall
notify the clerk of the district where such pupils attend
when the school of said pupils' resident district will be
in session and the grades maintained ; and without such
notice all claim to attendance will be forfeited.

f Ninth. Upon the receipt from the State Auditor of a proml^ate
certificate of the state school fund subject to apportian- ^'^'^^*°'^'-
ment, to apportion within ten days said fund among
the several counties of the state, in proportion to the
total days attendance : Provided, That each school dis- atieldamfe.*"
trict shall be credited with two thousand days attend-
ance. The basis of said apportionment shall be the
last annual records of the several county superintend-

* This provision is from chapter xli, Laws of 1901, which went into effect
March 1, 1901.

+ This provision is from chapter GLXxvn, Laws of 1901. which went into effect
June 13, 1901.

26

CODE OP PUBLIC INSTRUCTION.

Attendance
outside of
district — how
credited.

Annual report
from state
institutions.

Directory of
Ijoards.

Grading of
standing.

ents on file in his office at the time of making his
apportionment: Provided further, If a pupil attends any
school of the state outside his resident district, or
private school within his resident district, during the
time the resident district maintains school of the grade
in which the pupil belongs, the attendance shall be
credited to the district in which the pupil resides, un-
less mutually arranged otherwise by the directors ; and
the clerk of any district whose resident pupils are at-
tending school in another district, shall notify the clerk
of the district where such pupils attend, when the school
of said pupil's resident district will be in session, and
the grades maintained ; and without such notice all
claim to attendance will be forfeited.

Tenth. To require annually on or before the fifteenth
day of August of the president, manager or principal
of every seminary, academy or private school, and of
the president, manager or principal of every state edu-
cational institution in this state, a report of such facts
arranged in such form as he may prescribe, and he
shall furnish blanks for such reports, and it is made
the duty of every such president, manager or principal,
to fill up and return such blanks within such time as
the superintendent of public instruction shall direct.

Eleventh. To keep in his office a directory of all boards
of regents and trustees of state educational institutions,
of the faculties of said institutions, and of all teachers
receiving certificates to teach in the common schools
of this state.

* Twelfth. To grade and make records of the standing
of all examination papers submitted to him by county
superintendents, and to issue certificates thereon as pro-
vided by law.

f Twelfth. To issue common school certificates as
provided by law.

* This provision is from chapter xli, Laws of 1901, which went into effect
March 1, 1901.

t This provision is from chapter CLXXvn, Laws of 1901, which went into effect
June 13, 1901.

CODE OF PUBLIC INSTRUCTION. 27

Thirteenth. To keep in his office, at the capital of the office records,
state, all books and papers pertaining to the business
of his office, and to keep and preserve in his office a
complete record of statistics, and all matters pertain-
ing to the educational interests of the state, as well as
a record of the meetings of the State Board of Educa-
tion. He shall file all papers, reports and public Filings.
documents transmitted to him by the school officers of
the several counties of the state, each year separately.
Copies of all papers filed m his office, and his official copiefof
acts, may be certified by him and attested by his official acts,
official seal, and when so certified shall be evidence
equally and in like manner as the original paper.

Fourteenth. To decide all points of law which may °o^°^\^^°o'J^i°°
be submitted to him in writing by any county superin-
tendent, or that may be submitted to him by any other
person, upon appeal from, the decision of any county
superintendent; and shall publish his rulings and
decisions from time to time for the information of
school officers and teachers ; and his decisions shall be
final unless set aside by a court qf competent juris-
diction.

Fifteenth. To deliver over to his successor, at tiie ^uicessor!''
expiration of his term of office, all records, books,
maps and documents and papers, of whatever kind
belonging to his office or which may ' have been
received by him for the use of his office.

Sec. 23. The Superintendent of Public Instruction ^tl^^g.a^'p'her
ishereby authorized to appoint a stenographer, and
also a deputy superintendent of public instruction, who
shall hold a life diploma. The compensation of both
shall not exceed twenty-five hundred dollars per annum,
and shall be paid in the manner prescribed for the
payment of state officers.

Chapter 3. — State Board of Education.
Sec. 24. (As amended by chapter clxxvii, Laws of Governor to

^ J r ' appoint Board

1901). The Governor shall appoint, by and with «* ^'i^^^^io"-
the advice and consent of the state senate four suit-
able persons holding life diplomas issued by authority

28

CODE OF PUBLIC INSTRUCTION.

Proviso.

Meetings.

Expenses.

of this state, who, together with the Superintend-
ent of Public Instruction, shall constitute the State
Board of Education: Provided, That at least two mem-
bers of said board shall be selected from those actually
engaged in teaching in the common schools of the state.
Term of office. The persous appointed members of the State Board of
Education shall hold their office for two years from
the first Monday in March next following their appoint-
ment, and shall serve until their successors are ap-
pointed and qualified.

Sec. 25. The State Board of Education shall hold an
annual meeting at the capital of the state on the first
Tuesday in June of each year, and may hold such
special meetings as may be deemed necessary for the
transaction of public business, such special meetings
to be called by the Superintendent of Public Instruc-
tion. The persons appointed as members of the board
of education shall be paid for their services the actual
expenses incurred in the performance of their duties,
which expenses shall be paid by the State Treasurer,
on warrant of the State Auditor, out of funds not other-
wise appropriated, upon the certificate of the Super-
intendent of Public Instruction: Provided, That the
expenses of the whole board shall not exceed the sum
of one thousand dollars in any one year.

Sec. 26. Whenever any vacancy in the board shall
occur, whether by death, removal, resignation or other-
wise, the Governor shall fill the vacancy by appoin-
ment.

Sec. 27. The State Board of Education shall have
power —

First. To adopt or to re-adopt, according to law, at a
special meeting to be called by the Superintendent of
Public Instruction, a uniform series of text books for
the use of the common schools throughout the state.

Second. To prepare a course or courses of study for
the primary, grammar and high school departments of
the common schools, and to prescribe such rules for
the general government of the common schools as shall
secure regularity of attendance, prevent truancy, secure

Vacancies.

Powers and
duties.

Adopt text
books.

Prepare
courses of
study.

CODE OF PUBLIC INSTRUCTION. 29

efficiency and promote the true interests of the common
schools.

Third. To use a common seal, and to elect one of feCTetary.
their own members as secretary, who shall keep a cor-
rect record of all proceedings of the board, and shall
file a certified copy of the same in the office of the Su-
perintendent of Public Instruction.

Fourth. To sit as a board of examination at their ^ow exam-
inations.

annual or special meetings, and to grant state certifi
cates and life diplomas.

Fifth. To prepare a uniform series of questions to be quI^tTons foi-
used by the county superintendents in the examination fnations^^'^'^
of teachers, and to determine rules and regulations for
conducting the same.

Chapter 4. — Board of Higher Education.
Sec. 28. The board of higher education shall consist consists of

^ wnom.

of the State Board of Education, together with the pres-
ident of the University of Washington, the president
of the State Agricultural College and School of Science,
and the principals of the state normal schools.

Sec. 29. The board of higher education shall have ^armonSt
the power, and it shall be their duty, to adopt courses study^^°^
of study for normal schools, and for the preparatory
requirements for entrance to the University of Wash-
ington and to the agricultural college. The board shall
arrange such courses and adopt and enforce such reg-
ulations as will place the state institutions in harmon-
ious relations with the common schools and with each
other, and unify the work of the public school system.

Chapter 5. — County Superintendent of Common Schools.

Sec. 30. (As amended by H. B. 472, Laws of 1899.) PnSentT"
A county superintendent of common schools shall be ^"^^^
elected in each county of the state at each general
election, whose term of office shall begin on the first Election.
Monday in August next succeeding his election and
continue for two years and until his successor is
elected and qualified. He shall take the oath-^or affir-
mation of office, and shall give an official bond in a
sum to be fixed by the board oi county commissioners.

30

CODE OF PUBLIC INSTRUCTION.

Vacancies.

Eligibility.

In small
counties.

Deputy. He 'may, at his own cost, appoint a deputy, who shall

qualify in the same manner as the county superin-
tendent, and perform all the duties of the office, sub-
ject, however, to revision by the county superintendent.
The county commissioners of each county shall fill any
vacancy that may occur in the office of county super-
intendent until the next general election.

Sec. 31. No person shall be eligible to hold the office
of county superintendent of common schools who shall
not at the time of his election or appointment have
taught in the public schools of this state one school
year of nine months, and who shall not at the time of
such election or appointment hold a state certificate or
life diploma or a first grade common school certificate
in full force and effect ; Provided, That in all counties
of the twenty-seventh class and in all counties of a class
having a greater number than twenty-seven, a person
shall be eligible to hold the office of county superin-
tendent of common schools if he shall have taught in
the public schools of this state at least nine school
months, and shall hold at the time of his election or
appointment a certificate, except a special certificate or
a temporary certificate, in full force and effect.

Official ballot. Sec. 32. The county auditor shall not place the name
■ of any person upon the official ballot as a candidate for
the office of county superintendent of common schools
unless such person shall have filed in the office of the
county auditor, at least twenty days before the date at
which the election is to be held, proof of having taught
in the schools of the state one school year of nine
months, together with a copy of one of the certificates
required by this act.

Sec. 33. (As amended by H. B. 472, Laws of 1899).
Each county superintendent shall have the power, and
it shall be his duty —

First. To exercise a careful supervision over the
common schools of his county, and to see that all the
provisions of the common school laws are observed
and followed by teachers and school officers.

Powers and
duties.

CODE OF PUBLIC INSTRUCTION. 31

Second. To visit each school in his county not less visit schools,
than once each year.

Third. To distribute promptly all reports, laws, ^j!^*|^^"^®
forms, circulars, and instructions which he may re-
ceive for the use of the schools and the teachers.

Fourth. To enforce the course of study adopted by
the State Board of Education and to enforce the rules
and regulations required in the examination of teachers.

Fifth. To keep on file and preserve in his ofiice the
biennial reports of the Superintendent of Public In-
struction and of the county superintendent of his
county.

Sixth. To keep in good and well-bound books, to be Keep records.
furnished by the county commissioners, records of his
official acts.

Seventh. To preserve carefully all reports of school
officers and teachers, and at the close of his term of
office, to deliver to his successor all records, books,
documents and papers belonging to the office, taking a
receipt for the same, which shall be filed in the office
of the county auditor.

Eighth. To administer oaths and affirmations to Administer

"^ oaths.

school directors, teachers and other persons, on all
official matters connected with or relating to schools,
but shall not make or collect any charge or fee for so
doing.

Ninth. To keep in a suitable book an official record ^^®P^''p^^'^g°[^ °^
of all persons under contract to teach in the schools of *®^°^"
his county, showing the number of the school district,
the date of the contract, the names of the contracting
parties, the date of the expiration of the teacher's cer-
tificate and the grade thereof, the salary paid, and the
date of commencing school, with the length of the term
in weeks.

Tenth. To make an annual report to the Superin- report^'cTsu-
tendent of Public Instruction on the first day of August ^rpubiif ""^
of each year for the school year ending June 30, next
preceding. The report shall contain an abstract of the
reports made to him by the district clerks, and such

32

CODE OP PUBLIC INSTRUCTION.

Keep tran-
sci'ipt of
boundaries.

Appoint school

district

officers.

To apportion
school funds.

Grant

temporary

certificates.

other matters as the Superintendent of Public Instruc-
tion shall direct.

Eleventh. To keep in his office a full and correct
transcript of the boundaries of each school district in
the county. In case the boundaries of said districts
are conflicting or incorrectly described, he shall change,
harmonize and describe them, and at their next regular
meeting, he shall certify his action to the county com-
missioners of his county, and shall file with them a
complete transcript of the boundaries of all school
districts affected by his action, which shall be entered
upon the journal of said board and become a part of
their records. The county superintendent shall, on
request, furnish the district clerks with descriptions of
the boundaries of their respective districts.

Tivelfth. To appoint directors and district clerks to
fill vacancies caused by death, resignation, failure to
hold election, failure to qualify before the day for
taking office, and absence from the district for a period
of ninety days ; to appoint directors and direct clerks
for any new districts : Provided, That when any new
district is organized, such of the directors and district
clerk of the old district as reside within the limits of
the new one shall be directors and district clerk of the
new one, and the vacancies in the old district shall be
filled by appointment.

Thirteenth. To apportion within ten days after re-
cieving the certificate of apportionment of the Super-
intendent of Public Instruction, the state annual school
fund, and such other funds as are subject to apportion-
ment, to the several school districts entitled to receive
the same, in accordance with the instructions of the
Superintendent of Public Instruction. He shall certify
the result of the apportionment to the county treasurer,
and also notify each clerk of the amount apportioned
to that district.

Fourteenth. To grant such temporary and special cer-
tificates and to conduct such examinations of teachers
and make such records thereof as may be prescribed
by law : Provided, That he shall give ten days' notice

CODE OF PUBLIC INSTRUCTION. 33

of such examination by publication in some newspaper
of general circulation published in his county, or if
there be no newspaper, then by posting up hand bills,
or otherwise.

Fifteenth. To hold teachers' institutes according to hom

institutes.

law, and to conduct such other meetings of the teachers
of his county as may be for the best interests of the
schools.

Sixteenth. Upon receipt of the report of the clerk and attendance
at any time upon the complaint of the clerk or a parent
of the school or any member of the board of directors
of any school district that any child is not attending
school as required by law, to immediately notify the
parents or guardian of such child that the law must be
complied with and otherwise endeavor to procure the
attendance of such child at school.

• Sec. 34. The county superintendent shall require all General duties.
reports of school district officers, teachers and others
to be made promptly as required by law. He shall see
that the teacher's register is kept in accordance with
law and the instructions of the Superintendent of
Public Instruction, and that the records of school dis-
trict clerks are properly kept. He shall require the
oaths of office of all school district officers to be filed
in his office, and shall furnish a directory of all such
officers to the county treasurer, upon blanks to be fur-
nished by the Superintendent of Public Instruction, as
soon as the election or appointment of such officers is
determined and their oaths placed on file.

Sec. 35. He shall keep his office open for the trans- omcedays.
action of official business such days each week as the
duties of the office may require, and shall keep posted
on the door of his office a notice of said office days and
hours of such days.

Sec. 36. Any person or board of directors aggrieved d^usfon^SoV
by anjT^ decision or order of the county superintendent *'^^®'^-
may, within thirty days after the rendition of such a
decision or making of such order, appeal therefrom to
the Superintendent of Public Instruction. The basis
—3

34 CODE OP PUBLIC INSTRUCTION.

of the proceeding shall be an affidavit by the party
aggrieved, filed with the Superintendent of Public In-
■ struction within the time for taking the appeal. The
affidavit shall set forth the errors com];)lained of in a
plain and concise manner. The Superintendent of
Public Instruction shall, within five days after the fil-
ing of such affidavit in his office, notify the county
superintendent in writing of the taking of such appeal,
and the county superintendent shall, within twenty
days after being thus notified, file in the office of the
Superintendent of Public Instruction a complete tran-
script of the record and proceedings relating to the
decision complained of, which shall be certified to be
correct by the county superintendent. The Superin-
tendent of Public Instruction shall examine the tran-
script of such proceedings and render a decision
thereon, but no new testimony shall be admitted, and
his decision shall be final unless set aside by a court
of competent jurisdiction.
misSone?rto ^^^- ^"^ • (^^ amended by chapter clxxvii, Laws
supIrtotenT''' o^ 1901). The couuty commissioners shall provide
room,\ooks°'^ the couuty Superintendent with a suitable office at the
county seat, and all necessary blanks, books, station-
ery, postage, printing and other expenses of his office
shall be paid by the county treasurer out of the county
fund upon a sworn statement made quarterly and al-
Proviso. lowed by the county commissioners: Provided, That,

as to the necessity for the printing and issuance of cir-
culars of information pertaining to the schools of his
county, for the use of schools, school officers and teach-
ers, the county superintendent shall determine.

Sec. 38. (As amended by chapter clxxvii, Laws of
Mileage. 1901). For cacli mile actually and necessarily trav-

eled in the perfo.rmance of their official duties and
in attendance on the convention of county superin-
tendents, called by the Superintendent of Public In-
struction, county superintendents shall be allowed
mileage as follows: In each county of the first, second,
FiTO cents per third, fourth, fifth, sixth, seventh, eighth, ninth, and

mile. . .

tenth classes, five cents per mile; in each county of the

CODE OF PUBLIC INSTRUCTION. 35

eleventh class and all counties having a higher class !^^fe''^^*^ ^^^

number than the eleventh, ten cents per mile: Provided,

That no county superintendent shall be allowed to

charge or collect any fee for the performance of any

other duties herein named: Provided further, That no mulagenot*^

constructive mileage shall be charged. charged.

Chapter 6.— District Directors.
*Sec. 39. (As amended by chapter xli, Laws of Directors,

^ . when elected.

1901). Directors of school districts shall be elected at
the regular annual school election. At the first annual
election in all new districts, three directors shall be
elected, for one, two and three years, respectively. No Eligibility.
person shall be eligible to the office of school director
who is not able to read and write the English language.
The ballot shall specify the term for which each is to
be elected. In all districts in which elections have of^fl^e*ctore°^
been previously held, one director shall be elected for
the term of three years, and if any vacancies are to be
filled a sufficient number to fill them for the unexpired
term or terms ; and the ballot shall specify the re-
spective terms for which each director is to be elected.
Directors elect shall take office on the first Monday in Assume office.
June next succeeding their election and shall hold
office until their successors are elected and qualified.
In case of vacancy in the board of directors from any
cause the county superintendent shall fill such vacancy
by appointment until the next annual election.

f Sec. 39, Directors of school districts shall be elected
at the reguar annual school election. At the first an- fiea^ion'^"'^^
nual election in all new districts three directors shall
be elected, for one, two, or three years, respectively.
No person shall be eligible to the office of school di- Eligibility.
rector who is not able to read and write the English
language. The ballot shall specify the term for which
each is to be elected. In all districts in which elections
have been previously held, one director shall be elected

* This provision is from chapter xli, Laws of 1901, which went into effect
March 1, 1901.

t This provision is from chapter clxxvu, which went into effect June 13, 1901.

36

CODE OF PUBLIC INSTRUCTION.

Take office -
wben.

Vacancies.

Employment
of teachers.

Proviso.

Enforcement
of rules.

Provide
materials.

Purchases
must be ap-
proved by
board.

for the term of three years, and if any vacancies are to
be filled, a suflicient number to fill them for the unex-
pired term or terms ; and the ballot shall specify the
respective term for which each director is to be elected.
Directors-elect shall take office on the first Monday in
June next succeeding their election, and as soon there-
after as practical shall meet and organize by selecting
one of their number as chairman, and they shall hold
office until their successors are qualified. In case of
vacancy in the board of directors from any cause, the
county superintendent shall fill such vacancy by ap-
pointment until the next annual election.

Sec. 40. (As amended by Laws of 1901). Every board
of directors, unless otherwise specially provided by law,
shall have power, and it shall be their duty —

First. To employ, and, for sufficient cause, to dis-
charge teachers, mechanics or laborers, and to fix, alter,
allow, and order paid their salaries and compensation :
Provided, however, That no board of directors shall, before
the first Monday in June hire any teacher or teachers
whose term of teaching does not commence prior to the
first Monday in August.

Second. To enforce the rules and regulations pre-
scribed by the Superintendent of Public Instruction
and the State Board of Education for the government
of schools, pupils and teachers, and to enforce the
course of study prescribed by the State Board of Edu-
cation.

* Third. To provide and pay for materials and supplies
as may be necessary for the schools and to purchase such
school furniture, charts or other apparatus as may have
the written approval of the county school superintendent
as to quality and price: Provided, That such purchases
of furniture, charts or other apparatus shall be approved
at a meeting of said board at which all members shall
be present.

f Third. To provide and pay for such materials, sup-

* This provision is from chapter xli, Laws of 1901, which went into effect
March 1, 1901.

t This provision is from chapter clxxvu, Laws of 1901, which went into ef-
fect June 13, 1901.

CODE OF PUBLIC INSTRUCTION. 37

plies and libraries as may be necessary for the schools, ^ndp^ay for
and to purchase such school furniture, charts or other "^'^*®"^^®' ®*°-
apparatus as may have the written approval of the
county school superintendent as to quality and price:
Provided, That all such purchases of furniture, charts Purchases

'- , must be made

or other apparatus shall be approved at a meeting of °-^ b?F<i

^^ ^^ o meeting.

said board, at which all members shall be present.

Fourth. To rent, repair, furnish and insure school schooi houses,
houses.

Fifth. To build or remove school houses, purchase or Building of

•^ ' ^ and removal.

sell lots or other real estate when directed by a vote of
the district to do so: Provided, That a school house
a,lready built shall not be removed, nor a new site for a Proviso,
school house be designated except when directed by a
two-thirds vote of the electors of such district at an
election to be held for that purpose which election may
be a special or general school election.

Sixth. To purchase personal property in the name of propeny^.
the district, and to receive, lease and hold for their dis-
trict any real or personal property.

Seventh. To suspend or expel pupils from school who fnl^eTpuision
refuse to obey the rules thereof, and may exclude from ^^p^p^^®-
school all children under six years of age.

Eighth. To provide free text books and supplies to Textbooks.
be loaned to the pupils of the schools when directed by
a vote of the district to do so, and if not so directed to
provide books for children, of indigent parents on the
written report of the clerk after investigation that the
parents of such children are unable to purchase the
same.

Ninth. To require all pupils to be furnished with ^quired!^'^
such books as may have been adopted by the State
Board of Education as a condition to membership in
the schools.

Tenth. To exclude from school and school libraries ^enaiQ°^ °^
all books, tracts, papers and other publications of an ^°° ^' ^^^'
immoral or pernicious tendency or of a sectarian or
partisan character.

Eleventh. To authorize the school room to be used for use of school

room for other

summer or night schools, literary, scientific, religious, purposes.

38

CODE OF PUBLIC INSTRUCTION.

Liable for
debts of
district.

Non-resident
attendance
and tuition.

Make by-laws.

Meetings of
board.

May convey
property.

political, mechanical or agricultural societies, under
such regulations as the board of directors may adopt.

Tiuelfth. To require teachers to conform to the pro-
visions of the school law.

Sec. 41. Any board of directors shall be liable as
directors in the name of the district for any judgment
against the district, for any salary due any teacher,
and for any debts legally due, contracted under the
provisions of this act, and they shall pay such judg-
ment or liability out of the school funds to the credit
of the district.

Sec. 42. (As amended by H. B. 472, Laws of 1899.)
Any board of directors shall have power to make ar-
rangements with adults wishing to attend school or
with the directors of another district for the attendance
of such children in the school of either district as may
be best accommodated therein: Provided, That in case
such arrangements are not made, or children from
school districts not adjoining desire to attend school in
their district, they may charge reasonable tuition for
such attendance : Provided, further. That all moneys
collected by any school district officer for the use of the
district shall, within thirty days after the date of its
collection, be turned over to the county treasurer and
placed to the credit of the district.

Sec. 43. Any board of directors shall have power to
make such by-laws for their own government, and the
government of the common schools under their charge,
as they deem expedient, not iaconsistent with the pro-
visions of this act, or the instructions of the Superin-
tendent of Public Instruction or the State Board of
Education. A regular meeting of each board of di-
rectors shall be held on the first Saturday of February,
May, August and November. They may, however,
hold such other special or adjourned meetings as they
may from time to time determine, or as may be
specified in their by-laws.

Sec. 44. The board of. directors of each school
district shall have custody of all school property be-
longing to the district, and shall have power, in the

CODE OF PUBLIC INSTRUCTION. 39

name of the district or in their own names as directors

of the district, to convey by deed all the interest of

their district in or to any school house or lot directed to

be sold by vote of the district, and all conveyances of

real estate made to the district, or to the directors

thereof, shall be made to the board of directors of the

district and to their successors in office ; said board, in

the name of the district, shall have power to transact

all business necessary for maintaining schools and

protecting the rights of the district; and it shall be

the duty of the directors of every school district to

issue and sign warrants, as such direcljors, for the pay- sign warrants.

ment of all demands audited and allowed against their

district, and to sign, execute and acknowledge, as such

directors, deeds for the conveyance of all real estate Executedeeds.

sold by them as in this section provided.

Sec. 45. It shall be unlawful for any director to have Havenopecu-

•^ niary interest

any pecuniary interest, either directly or indirectly, in ^° contracts.
any erection of school houses, or for warming, venti-
lating, furnishing or repairing the same, or be in any
manner connected with the furnishing of supplies for
the maintenance of schools, or to receive or accept any
compensation or reward for services rendered as di-
rector.

Sec. 46. It shall be unlawful for any board of direc- hl™btedness
tors to contract indebtedness against their district in ^^^^ ^^^^'
any one year in any sum or sums exceeding the aggre-
gate of the amount due to said district during the year
from state funds, the amount of special tax levied for
the year and the estimated receipts from other sources,
unless said indebtedness be authorized by a vote of the
electors of said district,

Sec. 47. Any person aggrieved by any decision or Appeal to

•J r 0& J J county super-

order of the board of directors may, within thirty days i^tendent.
after the rendition of the decision or making of such
order, appeal therefrom to the county superintendent
of the proper county ; the basis of such proceedings
shall be an affidavit filed by the party aggrieved with
the county superintendent within the time for taking
appeal. The affidavit shall set forth the errors com-

40 CODE OF PUBLIC INSTRUCTION.

plained of in a plain, concise manner. The county-
superintendent shall, within five days after the filing
of such affidavit in his office, notify the clerk of the
proper district, in writing, of the taking of such appeal,
and the latter shall, within ten days after being thus
notified, file in the office of the county superintendent
a complete transcript of the record and proceeding re-
lating to the decision complained of, which shall be
certified to be correct by the clerk of the district.

Hearing of After the filing of the transcript aforesaid in the office,
he shall notify in writing all persons interested of the
time and the place where the matter of the appeal will
be heard by him. At the time thus fixed for the hear-
ing he shall hear the testimony of either party, and
for that purpose may administer oaths if necessary,
and he shall make such decision as may be just and
equitable, which shall be final unless appealed from,
as provided for in this act.

Chapter 7. — District Clerk.

ferm'S^'offlci Sec. 48. (As amended by H. B. 472, Laws of 1899).
A district clerk shall be elected in each district at each
annual election, to hold office for one year, beginning
on the first Monday in August next succeeding his
election, and until his successor is elected and qualified.

Vacancy. jj;^ (.g^gg q^ vacaucy in the office of district clerk from

any cause, the county superintendent shall fill such

vacancy by appointment until the next annual election.

Sec. 49. (As amended by H. B. 472, Laws of 1899).

cierk.^ °^ The duties of the district clerk shall be as follows :
First. To attend all meetings of the board of direc-
tors ; but if he shall not be present the board of
directors shall select one of their number to act as
clerk, who shall certify the proceedings of the meet-
ing to the clerk of the district, to be recorded by

Keep records, him. He shall keep his records in a book to be
furnished by the board of directors, and he shall

copfe^s^of all prcservc copies of all reports made to the county su-

reports. perinteudcnt, and safely preserve and keep all books

and documents belonging to his office, and shall turn
the same over to his successor.

CODE OF PUBLIC INSTRUCTION. 41

Second. To keep accurate and detailed accounts of
all receipts and expenditures of school money. At each book^fi)V^'^°^'^
annual school meeting the district clerk must present ^'^^p®'^'^^°'^-
his record book for public inspection, and shall make
a statement of the financial condition of the district
and of the action of the directors, and such record
must always be open for public inspection.

Third. To take annually, in June of each year, an Take census.
exact census of all children and youth between the
ages of five and twenty-one years who were bona fide
residents of the district on the first day of June of that
year; and he shall designate the number of weeks each
child between the ages of six and twenty-one years
has attended school during the school year ; the names
and sex of all children subject, to enumeration, together
with the names of their parents or guardians : Pro-
vided, That Indian children not living under the
guardianship of white persons, or who have not sev-
ered their tribal relations, or Mongolian children not
native born, shall not be included in said census. He
•shall note all defective youth between the ages of five ^ote and

•' ° report de-

.and twenty-one years; and he shall, on or before the ^'^'^^^'^^ y°"^^-
fifteenth day of July, make to the county superintend-
ent a full and complete report of all children enumer-
ated, together with a complete statistical report of the
•affairs of his district, which report shall be verified
by afiidavit. Said report shall be made upon blanks
.to be furnished by the Superintendent of Public In-
struction, and shall contain such items of information
as said superintendent shall require, including the fol-
lowing : The names of all persons, male and female, Report to

c" r 1 ' contain.

between the ages of five and twenty-one years, residing
in the district on the first day of June last past, to-
gether with the number of weeks each has attended
school during the last school year ; the names and
residences of the parents or guardians of all such chil-
dren; the number of schools or -departments taught
during the year, and the branches taught ; the num-
ber of children, male and female, enrolled in school. Enrollment,
and the average daily attendance ; the number of

42

CODE OF PUBLIC INSTRU :TI0N.

Text books
used.

Value of
furniture.

Amount of
funds raised.

Account of
expenses
incurred by
clerk.

Give notice of
meetings.

Report name
of teacher.

Report to

county treas-
urer all war-
rants drawn.

teachers employed, and their compensation per month ;
the number of days school was taught during the past
school year, and by whom; the text-books used, and
the number of volumes, if any, in the school district
library; the aggregate amount paid teachers during
the year; the number of school houses in the district,
and the value of them ; the aggregate value of all
school furniture and apparatus belonging to the dis-
trict; the amount raised by special tax during the year
for the support of schools, and for buildings, sites and
furniture; the amount raised by subscription, or by
other means than taxation ; the amount of bonded in-
debtedness of the district, and the rate of interest paid ;
the amount of all other indebtedness, and such other
items as the Superintendent of Public Instruction may
deem of importance, and as may be provided for in the
blanks furnished for said report, and the clerk shall
keep on file a duplicate copy of said report.

Fourth. To keep an accurate account of all expenses
incurred by him in his district in keeping the school
house in repair, in providing for necessary janitor
work, and in providing school supplies, and for other
expenses incurred by him on account of the school,
which accounts must be audited by the board of direc-
tors, and paid out of the district school fund.

Fifth. To give the required notice of all annual or
special elections ; also, to give notice of the regular
and special meetings of the board of directors as
herein authorized.

Sixth. To report to the county superintendent at the
beginning of each term of school the name of the
teacher and the proposed length of the term, and to
supply the teacher with the school register furnished
by the Superintendent of Public Instruction.

Seventh. To issue and countersign all warrants or-
dered to be issued by the board of directors, and to
report to the county treasurer on or before the first
Monday of each calendar month all the warrants
drawn by the directors of his district, giving date,
number and fund on which each warrant is drawn.

CODE OP PUBLIC INSTRUCTION. " 43

Eighth. To report to the county superintendent on
or before the first day of December of each year the awen^ance^"'^"
name and residence of every child that failed to at-
tend school as required by law, and shall submit, at
their next regular meeting, a duplicate of said report
to the school board of his district

Sec. 50. The district clerk shall receive three dollars compensation.
per day for the time actually and necessarily spent in
taking the census and making his report, and he shall
receive such other reasonable compensation for other
services as the directors shall allow, said accounts to
be audited and paid by the directors out of the funds
of the district : Provided, That no account for services
rendered by any district clerk shall be audited or al-
lowed by any board of directors, or any warrant issued
for the payment of any such accounts, until he shall
have filed with the board of directors a certificate of ?hat reports
the county superintendent of his county that all re- ma^a^e!^®^'^
ports required by law have been properly made ; and
it shall be the duty of the county superintendent to
make out and transmit to the clerks of such districts
as have made all the reports as required by law, on or
before the last Saturday of the months of January,
April, July and October of each year, the certificates
required by this section.

Chapter 8. —Teachers.

Sec. 51. No person shall be accounted as a qualified ^^^"teache"!""
teacher, within the meaning of the school law, who has
not first received a certificate issued by the Superin-
tendent of Public Instruction ; or who has not a state
certificate or life diploma from the state board of edu-
cation, or who has not a temporary certificate or a
special certificate granted by the county superintendent
according to law : Provided, That nothing in this sec-
tion shall be construed as invalidating any certificate
in force at the time of its passage, but the same shall
remain in force for the period for which each was is-
sued.

Sec. 52. Every teacher employed in any common

44

CODE OF PUBLIC INSTRUCTION.

Report of con-
tract to teacli.

Report at close
of school term
or year.

City superin-
tendent or
principal
may report.

Must keep
register.

Final report.

Enforce course
of study.

school shall make a report to the county superintend-
ent at the time of the contract to teach such school,
showing the number of the district in which he is to
teach, the grade of his certificate, date it expires, and
the proposed length of term, and at the close of any
school to report to the county superintendent on the
blanks prescribed by the Superintendent of Public In-
struction. Every teacher who shall be teaching at the
close of the school yesn', or who shall teach the last
term of any school year, in any school district, shall
make a report to the county superintendent immedi-
ately upon the cjose of such school year or term, for
the entire time taught in said school district since the
beginning of the school year. Copies of all reports
made by teachers shall be furnished to the clerk of the
district, to be by him filed in his office. No board of
directors shall draw any order or warrant for the salary
of any teacher for the last month of his service until
the reports herein required shall have been made and
received : Provided, That in all schools acting under
the direction of a city superintendent, the report of
such superintendent shall be accepted by the county
superintendent and the directors in lieu of the teacher's
report, and that when there is no city superintendent,
the report of the principal shall be accepted in lieu of
the teacher's report.

Sec. 53. Every teacher shall keep a school register
in the manner provided for, and no board of directors
shall draw any warrant for the salary of any teacher
for the last month of his service in the school at the
end of any term or year, until they shall have received
a certificate from the district clerk that the said register
has been properly kept, the summaries made and the
statistics entered, or until, by personal examination,
they shall have satisfied themselves that it has been
done.

Sec. 54. (As amended by H. B. 472, Laws of 1899).
Teachers shall faithfully enforce in the schools the
course of study and regulations prescribed, and shall

CODE OP PUBLIC INSTRUCTION. 45

furnish promptly all information relating to the schools
which ma}^ be requested by the county superintendent.

Sec. 55. No teacher shall be employed except by written

■^ "^ i ^ record of

written order of a majority of the directors at a regular employment.
or special meeting thereof, nor unless the holder of a
legal teacher's certificate in full force and effect for the
full period covered by said contract.

Sec. 56. (As amended by H. B. 472, Laws of 1899).
No teacher shall be required to teach school on Satur- Mondays
days, or on Thanksgiving Day, Christmas, New Year
and Fourth of July : Provided, That if the foregoing
holidays fall on Sunday, the teacher shall not be re-
quired to teach on the following Monday, and no de-
duction from the teacher's time or salary shall be made
by reason of the fact that a school day happens to be
one of the days referred to in this section as a day on
which school shall not be taught.

Sec. 57. Every teacher shall have the power to hold May^^suspend
every pupil to a strict accountability in school for any
disorderly conduct on the way to and from school, or on
the grounds of the school, or during the intermission
or recess ; to suspend from school any pupil for good
cause : Provided, That such suspension shall be reported
to the directors as soon as practicable for their deci-
sion.

Sec. 58. It shall be the duty of all teachers to en- ^opaHty and
deavor to impress on the minds of their pupils the patriotism.
principles of moralty, truth, justice, temperance and
patriotism ; to teach them to avoid idleness, profanity
and falsehood ; to instruct them in the principles of
free government, and to train them up to the true
comprehension of the rights, duty and dignity of Amer-
ican citizenship.

Chapter 9. — County Treasurer.

Sec. 59. The county treasurers of the several counties Treasurers

•^ of scliool

of this state shall be ex officio treasurer of the several districts.
school districts of their respective counties, and it shall
be the duty of each county treasurer —

First. To receive and hold all moneys belonging to

46 CODE OP PUBLIC INSTRUCTION.

an/pay out such school districts, and to pay them out upon war-
school-funds, y^j^^g Qj. orders of the board of directors of the districts

to which they belong.
?u°nds"ubiect Second, To certify to the county superintendent of
ment^""^""^ common schools of his county, July first of each year^
and quarterl}'^ thereafter, the amount of all school
moneys in his possession subject to apportionment on
the last day of the preceding month, which certificate
shall specify the source or sources from which said
moneys were derived.
animaf?eport. Third. To make annually, on or before the fifteenth
day of July, a report to the county superintendent of
his county, which report shall show the amount of
school funds on hand at the begining of the school
year last past belonging to each school district; the
amount of funds placed to the credit of each school
district during the school year ending June 30, last
past, and the sources from which said funds were de-
rived; the amount of funds disbursed upon orders or
warrants of each school district during the year, and
for what purpose they were paid out; the amount of
funds remaining in his possession at the close of the
school year subject to be paid out upon warrants of
school district officers, and the fund to which said
moneys belong; also the amount of all unpaid warrants
or bonds appearing upon his register at the close of the
school year.
To register Fourth. He shall keep a register of all school district

■warrants. i o

warrants presented to him for payment, which register
shall show the number of the warrant, the date of issue
and the date on which it was registered, the amount,,
and the purpose for which it was issued, to whom
issued and to ^hom paid, and the amount of interest,,
if any, accruing on said warrant before payment.
Whenever any school district warrant shall be pre-
sented to the county treasurer for payment, if properly
signed, he shall pay the same out of the proper fund
of the district upon which it is issued, if there be funds
in his possession for that purpose ; but if there be no
funds in his possession for that purpose he shall en-

CODE OF PUBLIC INSTRUCTION. 47

dorse upon the back of said warrant the words, " Pre-
sented and not paid for want of funds," together with oifwan^ants!*
the date of said endorsement, and thereafter said war-
rant shall draw interest at the same rate as county
warrants until there shall be sufficient funds for its
payment; and it is hereby made the duty of the county Advertise can

^ "^ ' -^ "^ •''of warrants.

treasurer to advertise, quarterly, all warrants which he
is prepared to pay, in the same way in which he is re-
quired to advertise county Mjarrants, and after the date
fixed in said notice said warrants shall cease to draw
interest.

Chapter 10.— General Provisions Relating to Officers.

Sec. 60. When any school officer is superseded, by shaiiturnover

•^ _ J. ' ^ property.

election or otherwise, he shall immediately deliver to
his successor in office all books, papers and moneys
pertaining to his office.

Sec. 61. Every person elected or appointed to any o^^g °^*^ °*
office mentioned in this act shall, before entering upon
the discharge of the duties thereof, take an oath or af-
firmation to support the constitution of the United
States and the State of Washington, and to promote
the interest of education, and to faithfully discharge
the duties of his office according to the best of his
ability. In case any officer has a written appointment
or commission, his oath or affirmation shall be endorsed
thereon and sworn to before any officer authorized to
administer oaths. School officers are hereby author- May admm-

•^ ister oaths.

ized to administer all oaths or affirmations appertain-
ing to their respective offices without charge or fee.
All oaths of office as herein provided shall, when prop-
erly made, be filed with the county superintendent of
schools.

Sec. 62. Every school district director or clerk shall, siiaii aie

•J ' signature.

on assuming the duties of his office, place his signa-
ture, certified to by some school district officer, on file
in the office of county treasurer ; and it shall be un-
lawful for any county treasurer to pay or register any
school district warrant if the signatures are not on file

48

CODE OF PUBLIC INSTRUCTION.

Authority of

officers

validated.

Common

schools

defined.

Subjects to
be taught.

School day.

in his office or do not correspond to the certified signa-
tures therein filed.

Sec. 63. Nothing in this act shall be so construed as
to invalidate the authority of any school officer ap-
pointed or elected under provisions of law and holding
office at the time of the passage of this act, nor of any
contract in full force and effect at the time of the pass-
age of this act.

TITLE III. —THE COMMON SCHOOL SYSTEM.
Chapter 1 . — District Schools.

Sec. 64. Common schools shall include all district
grades, and high schools that are maintained at public
expense in each school district and under the control
of boards of directors. Every common school, not
otherwise provided for by law, shall be open to the ad-
mission of all children between the ages of six and
twenty-one years residing in that school district.

Sec. 65. All common schools shall be taught in the
English language, and instruction shall be given in the
following branches, viz. : Reading, penmanship, or-
thography, written arithmetic, mental arithmetic,
geography, English grammar, physiology and hygiene
with special reference to the effects of alcoholic stimu-
lants and narcotics on the human system, history of
the United States, and such other studies as may be
prescribed by the state board of education. Attention
must be given during the entire course to the cultiva-
tion of manners, to the laws of health, physical exercise,
ventilation and temperature of the school room, and
not less than ten minutes each week must be devoted
to the systematic teaching of kindness to not only our
domestic animals, but to all living creatures.

Sec. 66. The school day shall be six hours in length,
exclusive of an intermission at noon, but any board of
directors may fix as the school day a less number of
hours than six : Provided, That it be not less than four
hours for primary schools under their charge, and any
teacher may dismiss any or all pupils under eight
years of age after an attendance of four hours, exclu-

CODE OF PUBLIC INSTRUCTION. 49

siv€ of any intermission at noon. The school month school month.
shall be construed to be twenty school days, or four
weeks of five days each.

Sec. 67. The school year shall begin on the first day school year.
of July and end with the last day of June.

Sec. 68. No teacher, pupil or ianitor shall be per- contagious

' '■ ^ •' -^ diseases.

mitted to attend school from any house in which
smallpox, varioloid, scarlet fever, diphtheria or any
other contagious or infectious diseases are prevalent.
No teacher, pupil or janitor shall be permitted to re-
turn to school from any house where the above men-
tioned diseases, or any form of them, have prevailed,
until three weeks shall have elapsed from the begin-
ning of convalescence of the patient, or upon the cer-
tificate of a registered physician in good standing that
there is no danger of contagion. In case of whooping
cough, chicken pox and measles, certified by a physi-
cian to be not of a malignant character, this rule shall
not apply to teachers, pupils or janitors who have had
these diseases and have entirely recovered from them.

Sec. 69. All pupils who may attend the common Pupiisshaii

•^ , '' . comply with

schools shall comply with the regulations established regulations.
in pursuance of the law for the government of the
schools, shall pursue the required course of studies,
and shall submit to the authority of the teachers of
such schools. Continued and willful disobedience or
open defiance of authority of the teacher shall consti-
tute good cause for expulsion from school.

Sec. 70. All school districts in this state shall main- ^j,g\™
tain school during at least three months each year. ^'^^°°^ *®'^°^-
All graded school dictricts in incorporated cities and
towns shall maintain school during at. least six months
each year.

Sec. 71. All parents, guardians and other persons in at°t?ndanc€?in
this state having or who may hereafter have immediate ^^^^^ districts.
custody of any child or children between the ages of
eight and fifteen years, shall send the same to school
at least three months in each year : Provided, That in ggi^^^oi^®'^
graded school districts in incorporated cities and towns
—4

50

CODE OF PUBLIC INSTRUCTION.

Incorporated
towns.

Shall employ
a principal.

Course of
study.

such children shall be sent to school at least six months
in each year.

Chapter 2.— Graded and High Schools.

Sec. 72. (As amended by H. B. 237, Laws of 1899.)
Each incorporated city of town in the state shall be com-
prised in one school district, and shall be under the
control of one board of directors : Provided, That noth-
ing in this section shall be so construed as to prevent
the extension of such cit}^ or town district a reasonable
distance beyond the limits of such city or town : And
provided further, That nothing in this section shall be so
construed as to change or disturb the boundaries of any
school district organized prior to the incorporation of
any city or town, except in cases of incorporation of
cities or towns lying partly in two or more school dis-
tricts organized prior to the incorporation of such city
or town, or the extension of the boundaries of cities or
towns beyond the limits of the school districts in which
they are situated, or in cases where two or more cities
or towns unite, as provided by law: And provided fur-
ther, That the fact of the issuance of bonds by school
districts, heretofore or hereafter, shall not prevent the
formation of new school districts, whether or not such
bonds have been redeemed, cancelled, or paid in whole
or in part ; and shall not prevent the transfer or unit-
ing with another school district of a portion or the
whole of a district where bonds have been or may here-
after be issued.

Sec. 73. In all such city or town districts where the
number of children of school age is sufficient to require
the employment of more than one teacher, the board of
directors shall designate one of such teachers as prin-
cipal, and such principal shall have general supervi-
sion over the several departments of his school. The
school or schools in such city or town districts shall be
graded in such a manner as the directors thereof shall
deem best suited to the wants and conditions of such
districts : Provided, That the course of study established
for such districts shall not be inconsistent with the
laws of this state.

CODE OF PUBLIC INSTRUCTION. 51

Sec. 74. The directors of such city or town districts
wherein schools are mainta^ined in two or more build- acftyl^per/
ings shall elect one city or town superintendent, who i'^*^^'^®'^^-
may be a teacher in the schools of such district, and such
city or town school superintendent shall have general
supervision over the schools of his district, subject to
the concurrence of the board of directors ; and it shall
be the duty of the principal or city school superintend- ^ify°uVerm-
ent to report to the Superintendent of Public Instruc- *^'^'^®'^*-
tion such facts relative to the grading, course of study,
enrollment, attendance and other matters pertaining to
such schools as he may require, on blanks furnished
for that purpose.

Chapter 3. — Cities of Ten Thousand or More Inhabitants.

Sec. 75. Whenever any incorporated city in this
state shall have a population of ten thousand or more
inhabitants, as shown by any regular or special census,
together with any adjacent or contiguous territory that
now is or may be hereafter attached to said city for
school purposes, it shall constitute one school district

and be known by the name " (name of city) district. ''^^^

school district No ," in county. State of

Washington, and the board of directors thereof shall
constitute a body corporate and possess all the usual ^or^p^ate
powers of a corporation for public purposes, and in
that name and style may sue and be sued, purchase,
hold, and sell such personal and real estate, and enter
into such obligations as are authorized by law ; and
the title to all school buildings or other property, real
or personal, owned by any school district within the
corporate limits of any city shall, upon the organiza-
tion of a district under the provisions of this act, vest
immediately in the new district, and the board of di-
rectors by this act provided, shall have exclusive control
of the same for all the purposes herein contemplated.

Sec. 76. The said board of directors shall consist of Board of Ave

members.

five members, who shall be elected hj ballot by the
qualified electors of the district, and shall hold their
■offices for a term of three years, and until their sue-

52 CODE OP PUBLIC INSTRUCTION.

cessors are elected and qualified : Provided, That the
members of the board of directors in any city to which
the provisions of this act apply, shall serve out the time
for which they were elected : Provided further, That at

members ^^^® ^^^^ election of members subsequent to the passage
of this act, it shall be so arranged by the members-
elect drawing lots, that the term of two members shall
expire in one year, the term of two members shall ex-
pire in two years, and the term of one member shall
expire in three years after the said first election.

Annual ggc. 77. The regular district election shall be held

election »

annually in each district contemplated by this chapter
on the first Saturday of November. The board of di-
rectors shall cause written or printed notices to be
posted, specifying the day and the places of such elec-
tion, and the time during which the ballot box shall
be kept open ; not less, however, than six (6) hours.
Said notices shall be posted in at least one place in
Notices posted each Ward in the district at least twenty (20) days pre-

twenty days. . . o \ ^ ^ i.

vious to the time of election. Said notices shall also
be published for the same length of time in two daily
papers published in the district, and if there be no
daily or dailies, then in the weekly paper ol papers in
three (3) regular issues next preceding the day of such
election. If the board of directors fail to give notice
at such time, as herein provided, then any five (5)
legal voters residing in the district may give such no-
tice over their own names, and such election may be
held after the day fixed by this act for such election.
All elections shall be by ballot, and in the absence of
Siaii be open. ^^J notice Specifying the hour, the ballot box shall be
open at 1 o'clock p. m. and be closed at 8 o'clock p. m.
Sec. 78. (As amended by H. B. 472, Laws of 1899).
provideTOttag^ '^^^ board of directors shall, at a regular meeting, pro-
piaces. vide not more than two voting places in each ward of

the city, and appoint judges and clerks of election, who
shall observe and cause to be observed at such election
all the election laws of the state applicable thereto not
otherwise provided for : Provided, That only those per-
sons, male and female, who have complied with the

CODE OF PUBLIC INSTRUCTION. 53

laws governing registration in cities of the class for
which this section provides, shall be permitted to vote,
and that no person shall be permitted to vote at said
election except in the ward in w^hich he or she resides.
In cities of ten thousand (10,000) or more inhabitants,
books of registration shall be open for the purpose of
registration at not more than two convenient places in
the district to be designated by the board of directors,
on each day between the hours of 9 o'clock a. m. and 4
o'clock p. M. of each day, except legal holidays, and they
shall be closed and no names shall be registered therein
during the five days preceding any special election, and
during the ten days preceding any general election held
in such district, except only on the last day, not Sun-
day or a legal holiday, preceding the day of said elec-
tion, said books shall again be opened during the hours
specified for the purpose of further registration. The
secretary of the board shall give notice of the closing
of the books of registration in his district by a notice
published in a newspaper of general circulation, pub-
lished in his district, at least ten days before the day
for first closing of said books : Provided, however, That
any elector of said district who has duly registered as
a voter at any general election in said district shall be
allowed to vote at the next succeeding school election
held in the same year without registration. Should
any of the judges be absent at the opening of the polls,
the electors present shall appoint a legal voter, who,
upon taking oath, shall be qualified to fill the vacancy.

Sec. 79. The board of directors shall, upon closing °anvass'^and
the polls, receive the returns at the time and the place returns!'^
it shall direct, and shall, within five (5) days from
said election, meet as a canvassing board, and in the
presence of any duly qualified justice of the peace in
and for said county, canvass the returns and ascertain
the result. The result of said election shall be certified
by the board of directors to the county school superin-
endent, who shall preserve said certificate, entering p^tg^^yt^o^'
upon his records the receipt of said certificate and the c|te!^*^ *^®^*^^'
names of the person or persons elected as members of

54

CODE OP PUBLIC INSTRUCTION.

Directors shall
take oath.

Term of office.

Election of
secretary.

Elections by
viva voce vote.

Duty of
president.

Duty of vice
president.

Duty of
secretary.

such board of directors for said district, together with
the terms for which elected.

Sec. 80. Ail persons elected as members of the board
of directors shall, within ten (10) days thereafter, ap-
pear before an officer authorized to administer oaths,
take and subscribe the usual oath of office, and deliver
the same to the county superintendent of schools. In
case any person elected shall fail so to do, his election
shall be void, and the vacancy occasioned thereby shall
be filled by the board as hereinafter provided. The
term of office of persons so selected shall begin on the
first Saturday of the month following their election,
when the members of the board of directors shall elect
a president and a vice president from among their
number, who shall serve for a term of one year or until
their successors are elected and qualified. They shall
elect annually a secretary, at such salary as they, the
board, may deem just. Said secretary shall not be a
member of the board of directors, and may be removed
by the board at any time.

Sec. 81. The election of the officers of the board of
directors, the city superintendent, the secretary, teach-
ers and janitors shall be by viva voce vote upon a call
of the roll of all the members, and no person shall be
declared elected unless he receives a majority vote of
all the members of the board.

Sec. 82. It shall be the duty of the president to
preside at all meetings of the board, and to perform
such other duties as the board may prescribe.

Sec. 83. It shall be the duty of the vice president to
perform all the duties of president in case of his ab-
sence or disability.

Sec. 84. It shall be the duty of the secretary to be
present at all the meetings of the board, to keep an accu-
rate journal of the proceedings, to take charge of its
books and documents, to countersign all warrants for
school moneys drawn upon the county treasurer by
order of the board ; he may be authorized by the board
of directors to purchase needed supplies for the schools,
and shall also act as superintendent of buildings, and

CODE OF PUBLIC INSTRUCTION. 55

shall be charged with the special care of the school
buildings of the district; he shall also perform such
other duties as the board may direct.

Sec. 85. Before entering upon the discharge of his ^'^^^ ^'^e
duties, the secretary of the board shall give bonds in
such sum as the board of directors may fix from time to
time, but for not less than five thousand dollars ($5,000),
with good and sufiicient sureties, and shall take and
subscribe an oath or affirmation, before a proper officer
that he will support the constitution of Washington
and faithfully perform the duties of his office. He
shall, from time to time; as he may be required by the fu'^el-intend
board, make a complete and detailed record of his trans- ^uii<5i^ss.
actions as purchasing agent of the board and as super-
intendent of. buildings, which shall be combined with
his annual report, to be published in the manner deter-
mined by the board.

Sec. 86. The regular meetings of the board of direct- ^f^ifa?ci.°^
ors shall be held monthly at such a time as the by-laws
of the board may prescribe, but special meetings may
be held from time to time as circumstances may de-
mand, at the call of the president or on petition of a
majority of the members of the board, and all meetings
shall be open to the public unless otherwise specially
ordered.

Sec. 87. The board of directors shall maintain an °ii^°,fo°r(j
office were all regular meetings shall be held, and all
records, vouchers and other important papers belong-
ing to the board may be preserved, and at all times be
ready for inspection of resident taxpayers.

Sec. 88. The county treasurer shall be the ex officio treasurer shaii
treasurer of the board of directors ; he shall prepare of diltrlcr'^
and submit to the secretary, in writing, on the first day
of January, April, July and October of each year, a re-
port of the state of the finances, and shall pay school
moneys placed to the credit of the -district only upon
warrants signed by the president or by a majority of
the board of directors and countersigned by the secre-
tary.

Sec. 89. The board of directors shall have the power

56

CODE OF PUBLIC INSTRUCTION.

Vacancies in
the board.

Quorum.

Forfeiture
of office.

Auditing
committee

County super-
intendent
to examine
accounts and
report to
county com-
missioners.

Powers and
duties.

To employ
a superin-
tendent.

To enforce
rules and
adopt
text-books.

to fill, by election, any vacancy which may occur in its
body, but the election to fill such vacancy shall be
valid only until the next regular district election,, and
the ballots and returns shall be designated as follows :
"To fill unexpired term."

Sec. 90. A majority of all members of the board of
directors shall contstitue a quorum, but a less number
in attendance at any regular meeting shall have, and a
quorum at any special meeting' may have, power to
compel the attendance of absent members, in such
manner and under such penalties as the board may see
fit to prescribe; and the absence of any member from
four consecutive regular meetings of the board, unless
on account of sickness or by resolution of the board,
shall vacate his position in the board, which fact shall
be passed upon by the board of directors and spread
upon their records.

Sec. 91. All accounts shall be audited by a commit-
tee, to be styled the "auditing committee," and no ex-
penditure greater than two hundred dollars ($200)
shall be voted by the board except in accordance with
a written contract, nor shall any money or appropria-
tion be paid out of the school fund except on a recorded
affirmative vote of a majority of all members of the
board ; and the accounts and the records of said board
shall at all times be subject to the inspection and exam-
ination of the county superintendent of said county,
whose duty it shall be, annually, to examine said rec-
ords and check said accounts, and report in writing to
the board of county commissioners of said county the
nature and state of said accounts, and any facts that
may be required concerning said records.

Sec. 92. Every board of directors shall have the
power, and it shall be their duty —
. First. To employ a city superintendent of schools of
the district, and for cause to dismiss him ; and to fix
his duties and compensation.

Second. To enforce the rules and general regulations
of the Superintendent of Public Instruction, and the
State Board of Education ; to prescribe the course of

CODE OF PUBLIC INSTRUCTION. 57

study, the exercises, and the kind of text-books to be
used in addition to the text-books prescribed by the
State Board of Education for the use of the common
schools of this state : Provided, That after the adoption
of any text-book, it shall not be changed in less than
five (5) years, unless the price thereof shall be unwar-
rantably advanced, or the mechanical quality lowered,
or the supply stopped.

Third. To provide for school furniture and for every- to provide

^ '' supplies.

thing needed in the school houses.

Fourth. To make necessary by-laws for more effect- ^y-ilTws*
ively carrying out the provisions of this act, and for
facilitating the work of the board, as required bylaw.

Fifth. To adopt and enforce such rules and regula- gmdes^and^
tions as may be deemed essential to the well being of ^p^'^ '^^'^ ®-
the schools, and to establish and maintain such grades
and departments, including night, high, kindergarten,
manual training and industrial schools as shall, in the
judgment of the board, best promote the interests of
education in that district.

Sixth. To suspend and expel pupils from school who to suspend
refuse to obey the rules thereof.

Seventh. To employ, and, for cause, to dismiss, to employ

r J ^ ^ ' ' teachers, and

teachers, janitors or other employes; to determine the ^^g^\?^|°^^^
length of time over and above eight (8) months that gchooil"^
school shall be maintained ; to fix the time for annual
opening and closing of schools, and for the daily dis-
missal of primary pupils before the regular time for
closing schools.

Eighth. To provide free text-books and supplies for '^^^1°^^'^^
all children attending school, when so ordered by a
vote of the electors ; or if free text-books are not voted
by the electors, to provide books for children of indigent
parents, on the written statement of the city superin-
tendent that the parents of such children are not able
to purchase them.

Ninth. To require successful vaccination as a condi- to require

^ vaccination.

tion of school membership and to provide free vac-
■ cination to all who are unable to pay for the same.
Tenth. To make, as soon as possible after the close

58 CODE OP PUBLIC INSTRUCTION.

annuaireport. ^^ *^^ school year, an annual printed report to the
taxpayers of the district, showing in detail the receipts
and disbursements of the school funds.
Census. Sec. 93. The board of directors shall annually cause

to be taken an enumeration of all persons between the
ages of five and twenty-one years residing in the dis-
trict, and shall report the same, together with such in-
formation as required by the general school laws of
Washington, to the county superintendent of schools,
at the time and in the manner specified by law for like
returns in other districts. The census shall be taken
by the secretary and such enumerators as he shall se-
lect, subject to the approval of the board or its proper
committee. The enumerators shall receive such com-
o?enume?*^°'^ peusatiou as the board may deem just. Each enumer-
^^°^'^' ator shall verify by oath the correctness of his report

Gam of. in the same manner as by law required of the district

clerk.
Directors shall Seo. 94. It shall be uulawful for any member of the

have no pecu- _ _ '^

fn^contractr'^ bo&rd of directors, or any of its officers, to have any
pecuniary interest, either directly or indirectly, in any
contract for the erection of school houses, or for warm-
ing, ventilating, furnishing or repairing the same, or
in the furnishing of supplies for the maintenance of
the schools, or toreceive or to accept any compensation
for services perforined in discharging the duties of his
office.

Sale of school Sec. 95. No school property of any kind shall be sold

property. s. ± .j ^

by the board of directors without the consent of the
district being first obtained, except it be personal prop-
erty, the value of which shall not exceed five hundred
dollars ($500).
Purchase of Sec. 96. In all districts contemplated by this chap-

supplies m the l ^ j.

Idvertisl°° ^^' tor, whcu, in the opinion of the board, the cost of any
ment. j^q^ qJ fumiture, stationery, apparatus, fuel, building or

improvements, or repairs to the same, will equal or
exceed the sum of two hundred dollars ($200), it shall
be the duty of the board to give due notice by publi-
cation in at least one daily newspaper published within
said city, and if there be no daily, then in one or more

CODE OF PUBLIC INSTRUCTION. 59

weekly papers in three (3) regular consecutive issues,
of the intention to receive bids for such lots of furni-
ture, stationery, fuel and other supplies, or for said
improvements and repairs. The board shall deter-
mine the specifications for such bids, which shall be
public.

Sec. 97. (As amended by H. B. 472, Laws of 1899). •
The board of directors shall annually, at a meeting texTevV-
next preceding the annual tax levy for state and
county purposes, report to the board of county com-
missioners an estimate of the amount of funds in ad-
dition to estimated receipts from the state tax required
for the support of the schools, for the purchase of
school sites, the erection and furnishing of school
buildings, the payment of interest upon all bonds
issued for school purposes, and the creation of a sink-
ing fund for the payment of such indebtedness, if any,
and the county commissioners are hereby authorized
and required to levy and collect said additional amount
the same as other taxes : Provided, That in case the ^fthouwote
purchase of school sites and the erection of buildings
shall require an expenditure exceeding fifty thousand
dollars ($50,000 for any one current school year, the
question shall be submitted to a vote of the electors of
the district, at the time and places the board of direc-
tors may appoint. The board of directors shall, pre-
vious to such election, designate in at least one daily
paper published in the district, if there be one, if not
then in such weekly papers as may be selected by the
board, the place or places where such an election shall
be held, the locality of the site or sites requiredj and
the proposed cost of the buildings to be erected thereon :
Provided, That the board of directors of any school dis- May condemn
trict of this state may proceed to condemn and appro-
priate sufficient land for a school house site not to
exceed one acre in extent; such condemnation pro-
ceedings shall be in accordance with the laws of this
state providing for appropriating private property for
public use.

Sec, 98. The aggregate tax for school purposes in

60

CODE OP PUBLIC INSTRUCTION.

Limit of
tax levy.

Time of
holding.

May be held.

Length of
session.

Teachers
paid during
institute.

Examination
fees paid into
the institute
fund.

cities of ten thousand or more inhabitants shall in no
one year exceed one per cent, upon all the taxable
property of the district.

Chapter 4. — County Institutes.

Sec. 99. (As amended by H. B. 472, Laws of L899).
Whenever the number of school districts in any county
is twenty-five or more, the county superintendent must
hold a teachers' institute each year, and every teacher
holding a valid certificate employed in a common school
in the county must attend such institute during its
whole time. County superintendents of contiguous
counties may by mutual arrangements hold a joint in-
stitute, the expenses to be shared in proportion to the
departments maintained in the counties as shown by
the county superintendent's last annual reports. The
work of the institute shall be in conformity to a sylla-
bus prepared by the State Superintendent and a com-
mittee of three county superintendents appointed by
him, for at least one-half of the program, the remaining
part to be supplied by the county superintendent of
each county where institute is held.

Sec. 100. In any county where there are less than
twenty-five school districts, the county superintendent
may, in his discretion, hold an institute.

Sec. 101. (As amended by H. B. 472, Laws of 1899).
Each session of the institute must continue not less
than five days.

Sec. 102. (As amended by H. B. 472, Laws of 1899).
When the institute is held during the time when a
teacher is employed in teaching, his pay shall not be
diminished by reason of his attendance, when certified
to by the county superintendent, and in addition to the
actual attendance earned by the district, an additional
attendance shall be accredited to the district, deter-
mined by multiplying the average daily attendance for
the term by the number of days the teacher attended
the institute.

Sec. 103. All examination fees shall be paid by the
county superintendent to the county treasurer, who

CODE OF PUBLIC INSTRUCTION. 61

shall place it to the credit of an institute fund hereby
created.

Sec. 104. The county superintendent must keep an ^y county con^.
accurate account of the actual expenses of the institute, "^^ssioners.
with vouchers for the same, and present the bill to the
county commissioners, who shall allow the same : Pro-
vided, That such amount shall not exceed in any year
the sum of two hundred dollars in excess of the amount
received as examination fees.

Chapter 5. — Text-Books,
article 1. — adoption of books.
Sec. 105. (As amended by chapter clxxvii. Laws of ff EdiSatfon
1901). For the purposes of adopting text-books and ^^^^om^^®^
prescribing courses of study for the use of the common
and graded schools of the state, the State Board of Edu-
cation shall consist of the state superintendent, the four
appointed members and the six city superintendents of
of the six largest cities of the state.

ARTICLE IL — FREE TEXTBOOKS.

Sec. 106. (As amended by chapter clxxvii, Laws of
of 1901). Before the first of September, 1902 the school feho'^o^^books
district officers of the various schools in the state may -'«'^en.
provide all text-books necessary for carrying on the
school work.

Sec. 107. (As amended by chapter clxxvii, Laws of
1901). At the time fixed by law in the year 1901 for special tax
the levy of a special school tax the officers of the various
school districts of the state may levy a special tax suffi- .
cient to carry into effect the provisions of section 106
of this act : Provided, That said district boards may ac- Proviso.
quire by purchase or gift the books in use by the pupils •
of said schools.

Sec. 108. (As amended by chapter clxxvii. Laws of
1901). It shall be the duty of the board of directors to StooS''''^
adopt such rules and regulations as may be necessary
for the care and use of text-books.

Chapter 6. — School Revenues.

Sec. 109. The principal of the common school fund sXJofftmds
shall remain irreducible and permanent. The said fund

62 CODE OF PUBLIC INSTRUCTION.

shall be derived from the following sources, to-wit:
Appropriations and donations by the state to this
fund; donations and bequests by individuals to the
state or common school; the proceeds of land or other
property which revert to the state by escheat and for-
feiture ; the proceeds of all property granted to the
state, when the purpose of the grant is not specified or
is uncertain ; funds accumulated in the treasury of the
state for the disbursements of which provision has not
been made by law ; the proceeds of the sale of timber,
stone, minerals or other property from school and state
lands other than those granted for specific purposes,
and all moneys other than rental recovered from per-
sons trespassing on said lands ; five per centum of the
proceeds of the sale of public lands lying within the
state, which shall be sold by the United States subse-
quent to the admission of the state into the union, as
approved by section fifteen (15) of the act of Congress
enabling the admission of the state into the union ;
the principal of all funds arising from the sale of lands
and other property which have been and hereafter may
be granted to the state for the support of the common
schools, and such other funds as may be provided by
legislative enactment.
Revenue to be Qec. 110. The interest accruing on said fund, to-

exclusively for ^ '

current use. gethcr witli rentals and other revenues derived from
lands and other property devoted to the common school
fund, shall be exclusively applied to the current use of
the common schools. All schools maintained or sup-

fromsectarfan poi'^ed wliolly or in part by the public funds shall be

control. forever free from sectarian control or influence. All

losses to the permanent common school fund which

Loss of funds, shall be occasioned by defalcation, mismanagement or
fraud of the agent or officers controling or managing
the same, shall be audited by the proper authorities of
the state. The amount so audited shall be a perma-
nent funded debt against the state in favor of the par-
ticular fund sustaining such loss, upon which not less
than six per cent, annual interest shall be paid.

Sec. 111. (As amended by chapter clxxvii. Laws

CODE OF PUBLIC IWSTRUCTION. g3

of 1901). In addition to the provisions for the
support of common schools hereinbefore provided, it ^yy^l^jof^
shall be the duty of the State Board of Equalization, ^^^'p'^'^'''^-
annually, .at the time of levying tax for state purposes,
to levy a tax that shall be sufficient to produce a sum
which, when added to the estimated amount of money
to be derived from the interest on the state permanent
school fund for the current fiscal year, shall equal ten
dollars for each child of school age residing in the state
as shown by the last report of the several county super-
intendents to the Superintendent of Public Instruction :
Provided, That said tax shall not exceed five mills on Proviso.
the doltar. Said tax levy shall be certified to the
several cCunty auditors in the same manner as other of^ta^fe^ °f.
state taxes' are required to be certified, and shall be thereof!"^
collected and transmitted to the State Treasurer at the
same time and in the same manner as other state taxes
are required to be collected and transmitted ; and it
shall be the duty of the State Auditor within thirty
days after the date at which coufity treasurers are re- o/funfe^^^'^'^
quired to transmit state funds to the State Treasurer, collected.
to certify to the Superintendent of Public Instruction
the amount of all state annual school funds in the hands
of the State Treasurer subject to apportionment.

Sec. 112. (As amended by chapter clxxvii, Laws of
1901). The board of directors, when in their judg- l/Jl^^^of ^^
ment it is necessary, for the purpose of furnishing ad- tH'^forwages,
ditional school facilities for their district, or for the books,^etc.
payment of teachers' wages, or for the building of one
or more school houses, or for the repairing of one or
more school houses, or for the building of additions
thereto, or for the purchase of fuel, supplies, globes,
maps, charts, books of reference or other appliances or
apparatus for teaching, or for any or all of these pur-
poses, may levy especial tax on the taxable. property of
the district, not to exceed ten mills on the dollar : Pro-
vided, That no tax exceeding five mills on the dollar ^^t^i^aot to
shall be levied until such levy shall have been ordered Sifs^.*^ ^^®
by a majority vote of the legal electors of the district,
at a special election called for that purpose : Provided

64

CODE OF PUBLIC INSTRUCTION.

Further
proviso.

Thi'ee mills in
union districts.

Elections —
how called and
conducted.

Certification
of results
thereof.

Duty of

district clerk.

Extension
of tax.

Collection
of tax.

Crediting

proper

district.

Fines, pen-
alties and
forfeitures.

further, That boards of directors of UDion schools majr
levy a special tax on the taxable property of the union
district not to exceed three mills on the dollar, and the-
levying of such tax by such union school district board
shall not prevent the electors of any district within such
union district from levying a tax of ten mills, as here-
inbefore provided. School district elections for the pur-
pose of voting special tax, shall be called and conducted
in the manner provided for calling and conducting
annual school elections. At such elections the ballots
shall contain the words "Tax, yes," or "Tax, no." The
officers of the election shall certify the result of the
election to the clerk of the district, who shall file said
certificate as a part of his records. Whenever a special
tax is ordered to be levied, the clerk of the district shall
on or before the first day of September, of the year in
which such special tax is ordered to be levied, make to
the county auditor a certified statement of the number
of mills of such special tax which has been ordered to
be levied- in such district. The county auditor shall
extend the same against all the taxable property within
such district upon the general assessment roll of the
county, showing the amount and kind of property so
assessed, and to certify the same to the county treasurer.
The county treasurer shall proceed to collert the tax in
the same manner and at the same time and with the
same power and authority to enforce payment of the
same, as in the case of county and state taxes. The
county treasurer shall place any tax so, collected to the
credit of the district to which it belongs.

Sec. 113. Except as otherwise provided by law, all
sums of money derived from fines imposed for viola-
tion of orders of injunction, mandamus and other like
writs, or for contempt of court, and the clear proceeds
of all fines collected within the several counties of the
state for breach of the penal laws, and all funds aris-
ing from the sale of lost goods and estrays, and from
penalties and forfeitures, shall be paid over in cash by
the person collecting the same, within twenty days
after the collection, to the county treasurer of the

CODE OF PUBLIC INSTRUCTION. 65

county in which the same have accrued, and shall be
by him transmitted to the State Treasurer, who shall
place the same to the credit of the general school fund.
He shall indicate in such entry the source from which
such money was derived.

Sec. 114. All school warrants shall be paid in the "^^jrants

^ paid, how.

order of their presentation to the county treasurer, and
shall draw interest from and after such presentation
and registry : Provided, That no compound interest
shall be paid directly or indirectly on any of said war-
rants.

Sec. 115. No new district formed by the subdivision schooiinnew

'■' district— when

of an old one shall be entitled to any share of public tied'^to^fumS^"
money belonging to the old district until a school has
actually been taught one month in the new district
and unless within eight months from the order of the
county superintendent granting such new district a
school is opened, the action making a new district '^^^ district
shall be void, and all elections or appointments of di-
rectors or clerks made in consequence of such action,
and all rights and office of parties so elected or ap-
pointed shall cease and determine, and all taxes which
may have been levied in such old district shall be valid
and binding upon the real and personal property of
such new districts, and shall be collected and paid into
the school fund of the old district.

Sec. 116. (As amended by H. B. 237, Laws of 1899.)
When a new district is formed from one or more old ^/funds.
districts it shall be entitled to a just share of the school
moneys to the credit of the one or more old districts,
from which the new district is formed, at the time the
petition was granted to establish the new district. And
the county superintendent (or in case of an appeal,
the board of county commissioners), shall divide such
moneys and also such moneys as may, for the current
year, afterward be apportioned to the said one or more
old districts, according to the number of school children
resident in the new district, as may be ascertained by
a census taken for that purpose : Provided, That the

—5

66

CODE OF PUBLIC INSTRUCTION.

Limit of

bonded

indebtedness.

Rate of
interest.

Bond election.

Notice of.

Form of
ballots.

new district shall be entitled to all special tax levied
within the boundaries of the new district, for the cur-
rent year in which the new district is formed. And if
such special tax, or any part of it has already been
collected and placed to the credit of the aforementioned
one or more old districts, it shall be the duty of the
county treasurer, upon the order of the county superin-
tendent, to transfer such special tax to the credit of the

new district.

Chapter 7. — Bonds.

Sec. 117. Theboardof directors of any school district
in this state may borrow money and issue negotiable
coupon bonds therefor to an amount not to exceed five
( 5 ) per cent, of the taxable property in such district,
as shown by the last assessment roll for county and
state purposes : Provided^ That in incorporated cities
the assessment shall be taken from the last assessment
for city purposes, for the purpose of funding outstand-
ing indebtedness, or bonds heretofore issued or issued
under the provisions of this act, or for the purchase of
school house site or sites, building one or more school
houses and providing the same with all necessary
furniture and apparatus, or for any or all of these pur-
poses, when authorized by vote of the district so to do,
as provided in section 118 of this act : Provided further,
That the bonds so issued shall bear a rate of interest
not to exceed ten ( 10 ) per cent, per annum, interest
payable annually or semi-annually, payable and re-
deemable at such time as may be designated in the
bonds, but not to exceed twenty (20) years from the
date of issue.

Sec. 118. That the question whether bonds shall be
issued, as provided in section 117 of this act, shall be
determined at an election to be held in the manner
prescribed by law for holding special school elections.
Notices therefor shall state the amount of bonds pro-
posed to be issued, time they are to run, and purpose
for which the money is to be used. The ballots must
contain the words, " Bonds, yes," or " Bonds, no." If
a majority of the votes cast at such election are "Bonds,

CODE OF PUBLIC INSTRUCTION. g7

yes," the board of directors must issue such bonds :
Provided, That if the amount of bonds to be issued,
together with any outstanding indebtedness of the dis-
trict, not to be redeemed with the proceeds of said
issue of bonds, exceeds one and one-half per cent, of yota^"^"^^
of the taxable property in said district, then three-
fifths of the votes cast at such election must be " Bonds,
yes," before the board of directors are authorized to
issue said bonds. The bonds shall be in such form
as the board of directors may prescribe, and shall, with
the coupons, be signed by the board of directors and
countersigned by the clerk of the school district.

Sec. 119. When authorized and empowered to issue ^^au certify
bonds as provided in sections 117 and 118 of this act, treasurer.
the board of directors shall, within thirty days after
the date of the election, certify the result to the county
treasurer, who shall immediately publish notice of the Advertise-

' _ "^ •■■ ment of sale.

sale of such bonds in at least one weekly newspaper
published at the county seat, if there be one, for four
consecutive issues, and publish such other notices as
the board of directors may require. Said notices must
give the amounts of bonds to be sold, the time to run,
where payable, the option, if any, of the district to re-
deein; also naming the hour and day for considering
bids, and asking bidders to name price and rates of in-
terest at which they will purchase such bonds. Such Form of bonds,
bonds shall be issued in denominations of not less than
one hundred nor more than one thousand dollars
($1,000), and shall contain upon their face the date of
issue, the series of issue, rate of interest, where paya-
ble, time to run, option, if any, of districts to redeem,
and the printed or lithographed statement that said
bond is issued under the provisions of this act, and
that the whole indebtedness of said district does not
exceed the constitutional limit. Each bond so issued ^redlycounty
must be registered by the county treasurer in a book *^«^'^^^i'®'^'-
to be kept for that purpose, which must show the num-
ber, and such data as is necessary to secure a complete
record of such bond, series, and amount of each bond,
the person to whom the same is issued, name of the

68 CODE OF PUBLIC INSTRUCTION.

district issuing, together with the names of directors
signing the same ; and the said bond shall he endorsed
by the treasurer, with his name and a full statement of
the name of the person to whom and when issued,
together with the number and series of said bond.
Sale of bonds. Sec. 120. At the time named in said notice it shall
be the duty of said board of directors to meet with the
county treasurer at his office, and with him open said
bids and sell said bonds to the person or persons mak-
ing the most advantageous offer : Provided, The bonds

May reject shall uevcr be sold below par, and the board of direct-
bids and •■■ '

readvertise. Qpg may rejcct any and all bids, and within six months
proceed to readvertise the sale of such bonds. Upon
the sale of bonds the board of directors shall, within
ten (10) days, or as soon thereafter as practicable,
deliver the bonds, properly executed, to the county
treasurer, taking his receipt therefor. The county

Srei^to dStver treasurer shall, upon payment of the price agreed upon,

ceiveproceeds. deliver the samo to the person or persons to whom sold,
and placing the moneys arising from such sale to the
credit of the special school fund of the said district.

advertising Fecs for advertising shall be deducted from the pro-
ceeds.

Sec. 121. (As amended by H. B. 472, Laws of 1899.)

Bond interest The couuty commissiouers must ascertain and levy

— how levied. -^ "^

annually the tax necessary to pay the interest upon
such bonds as it becomes due, and at the expiration
of one-half of the time for which said bonds are to
run, and annually thereafter, until full payment of
said bonds is made, they may, if deemed advisable,
levy, in addition to the tax required to pay the inter-
est, such amount for sinking fund to meet the pay-
ment of said bonds at maturity, to be determined
by dividing the amount of bonds outstanding by the
remaining number of years to run, and the fund aris-
ing from such levy shall be kept as the bond redemp-
tion fund of said district, and each of said tax levies
shall be a lien upon the property in said district, and
must be collected in the same manner as taxes for other
school purposes: Provided, That the county treasurer.

CODE OF PUBLIC INSTRUCTIOM. 69

when authorized to do so by the board of directors of
any school district, may invest any accumulated sink- sfnidn^mncL*
ing fund of said district in school, county, or state
warrants of the State of Washington, and all profits
accruing from such investment and the funds so in-
vested shall revert to the sinking fund of said district,
and the county treasurer shall be custodian of all war-
rants purchased by and with the said sinking fund un-
til the same are redeemed.

Sec. 122. The county treasurer must pay out of any ^^°*\r^o^^^^*
moneys belonging to the credit of the bond interest ^p^ciai levy.
fund of the school district the interest upon any bonds
issued under this act by such school district when the
same becomes due, and at such place designated in such
coupon, or upon the presentation at his office of the
same, which must show the amount due and the num-
ber and series of the bond to which it belongs, and all
coupons so paid must be immediately reported to the
school directors.

Sec. 123, The school directors of any district must ^^^^"^\^^p^«'1
cause to be printed or lithographed, at the lowest rates, ''^'^po'^^-
suitable bonds, with coupons attached, when the same
become necessary, and pay therefor out of any moneys
in the county treasury to the credit of the school dis-
trict.

Sec. 124. ( As amended by chapter civ, Laws of 1901.)
Whenever any school district in this state shall have po'^'^s iiereto-

■^ fore issued.

heretofore, under any of the acts of the territorial or
State Legislature now in force, issued any bonds for
the purchase of any school house site, or the building
of any school house, or the furnishing of the same, and
the amount of said bonds so issued and negotiated did
not, at the time of their issue, exceed the sum of five
per centum of the taxable property of the said school
district, it shall be lawful for the said school district to Exchange of

' bonds.

issue and exchange its bonds at a rate of interest not
greater than that borne by the original issue of bonds,
par for par, without any further vote of the school dis-
trict than that heretofore had or required by existing
law at the time of their issue, and said bonds, shall in

70 CODE OF PUBLIC INSTRUCTION.

all respects, conform to and be governed by the other
provisions of this act: Provided, That in cities often
citfJsof more thousand population or more, whenever any bonds is-
than 10,000. sued under the provisions of this article shall reach
maturity and shall remain unpaid, the board of direc-
tors thereof shall have the power to fund the same by
issuing coupon bonds conformable to the requirements
of this act and exchanging the same par for par, for the
outstanding bonds as aforesaid, without any further
vote of the school district : Provided, further, That such
Proviso. bonds shall be issued in denominations of not less than

Denomina- QUO hundred doUars nor more than one thousand dol-

tions.

lars, shall be redeemable within twenty years from date
of issue, and shall draw a rate of interest not to exceed
six per centum per annum.

bonds to°* Sec. 125. Every holder of any of the bonds so issued

treasurer"'^*^ as provided in this act shall, within ten (10) days after
he shall become the owner or holder thereof, notify the
county treasurer of the county in which such bonds are
issued of his ownership, together with his full name
and postoffice address, and the county treasurer of said

^oti^of^bond county shall, in addition to the published notice herein
provided for, deposit in the postoffice, properly stamped
and addressed to each owner or holder of any such
bonds subject to redemption or payment, a notice in
like form, stating the time and place of the redemption
of such bonds and the number of the bonds to be re-
deemed, and in case any owners of bonds shall fail to
notify the treasurer of their ownership as aforesaid^
then a notice mailed to the last holder of such bonds
shall be deemed sufficient, and any and all such notices
so mailed as aforesaid shall be deemed to be personal
notice to the holders of such bonds, and at the expira-
tion of the time therein named shall have the force to
suspend the interest upon any such bonds.

Incidental *Sec. 126. That at any time after the issuance of such

costs. ''

bonds, and in the discharge of the duties imposed upon
said county treasurer, should any incidental expense,
costs or charges arise, the said county treasurer shall

* This law went into effect March 16, 1901.

CODE OF PUBLIC INSTRUCTION. 71

present his claim for the same to the board of directors
of the school district issuing such bonds, and the same
shall be audited and paid in the same manner as other
services are paid under the provisions of law.

Sec. 127. Whenever the amount of any sinking fund redemptLn"'^'^
created under the provisions of this act shall equal the
amount, principal and interest of any bond then due,
or subject under the pleasure or option of said school
district to be paid or redeemed, it shall be the duty of
the county treasurer of the county in which the school
district issuing such bonds is located, to publish a no-
tice in the official newspaper of the county, if such a
one there be, and if not, then in a newspaper of gen-
eral circulation, that the said county treasurer will,
within thirty ( 30 ) days from the date of such notice,
redeem and pay any such bond then redeemable or
payable, giving priority according to the date of issue
numerically, and upon the presentation of any such
bond or bonds the said treasurer shall pay the same ;
and in case that any holder of such bond or bonds shall
fail or neglect to present the same at the time men-
tioned in said notice, or in the notice hereinbefore pro-
vided for, then the interest upon such bond or bonds
shall cease and determine, and the treasurer of such
county shall thereafter pay only the amount of such
bond and the interest accrued thereon up to the day
mentioned in said notice. When any bonds are so re- cancelation

" of Donus.

deemed or paid, the county treasurer shall cause the
same to be fully canceled, and write across the face of
such bonds the words " redeemed," with the date of
redemption, and shall deliver the same to the board of
directors of such school district, taking the directors'
receipt therefor.

Chapter 8. — Validation of Debts.

Sec. 128. Any school district may validate and ratify msfyv^audate
the indebtedness of such school district, incurred for o^*^d^strfc^^^^
strictly school purposes, when the same does not exceed
five per centum of the value of the taxable property in
such school district. The value of taxable property in

72

CODE OF PUBLIC INSTRUCTION.

Resolution
of board to
validate.

Tliree-fiftlis
vote.

Location
of polls.

Time of
election.

such school district shall be ascertained as provided in
article eight, section six of the constition of the State
of Washington.

Sec. 129. Whenever the board of directors of any
_school district shall deem it advisable to validate and
ratify the indebtedness mentioned in section 128 of
this chapter, they shall provide therefor by resolution,
which shall be entered on the records of such school
district, which resolution shall provide for the holding
of an election for the purpose of submitting the ques-
tion of validating and ratifying the indebtedness so
incurred to the voters of such school district for ap-
proval or disapproval, and if at such election three-
fifths of the voters in such school district voting at
such election shall vote in favor of the validation and
ratification of such indebtedness, then such indebted-
ness so validated and ratified and every part thereof
existing at the time of the adoption of said resolution
shall thereby become and is hereby declared to be val-
idated and ratified and a binding obligation upon such
school district, wiien the only ground of the previous
invalidity of such indebtedness so ratified and validated
is that at the time of the attempted incurring thereof,
the same, together with all other then existing indebt-
edness of such school district, exceeded one and one-
half per centum of the taxable property in such school
district, as provided in article eight, section six of the
constitution of the State of Washington, and that such
indebtedness was so attempted to be incurred without
the assent of three-fifths of the voters of such school
district voting at an election held for that purpose, as
required by said constitution.

Sec. 130. At the time of the adoption of the resolu-
tion provided for in section 129 of this chapter, the
board of directors of such district shall determine the
number and the location of the places at which
polls shall be opened to receive the votes of the
voters in such district. Unless otherwise provided,
the polls shall be open at one o'clock in the afternoon
and close at four o'clock in the afternoon of the same

CODE OP PUBLIC INSTRUCTION. 73

day, but the board may determine on a longer time
during which the polls may be kept open, not before
one o'clock in the afternoon and not later than eight
o'clock in the afternoon of the same day. Such board
shall appoint two voters in such district where the
election is to be held to act as judges of such election,
and also one and not more than two persons to act as
clerks at each voting place. Such clerks shall keep a
list of the voters voting at such election, and tally the
result under the direction of the judges. The iudges judges and

-1 11 1 T 1 1 -. 1 1 . clerks of

shall observe and cause to be observed at such election, election.
as far as the same shall apply, the election laws of the
state governing the election of school directors. Should
any of the judges so appointed be absent at the open-
ing of the polls, the voters of such district present shall
appoint a voter to act in place of such absent judge. If
the clerk or clerks of such election be absent at the
opening of the polls the judges conducting such elec-
tion shall appoint one and not exceeding two persons
to act as clerks of such election. The judges and
clerks of such election shall each take and subscribe an oaths

administered

oath to faithfully perform the duties imposed upon ^y ^^'^°™-
them by law in conducting such election, and each of
said judges shall have power to administer all oaths
required by this section, each to the other, and to the
clerks, and to all persons offering to vote, when chal-
lenges are interposed. The clerks or secretaries of
such school district, or ^ny officer authorized by law to
administer oaths, may administer the oath required to
be taken by such judges and clerks. If there is not
sufficient number of voters present at the hour named
for the opening of the polls to till vacancies, occasioned
by the absence of judges or clerks, it shall be lawful to
open the polls as soon thereafter as a sufficient number
of electors are present. Elections hereunder shall be
by ballot. The ballot must contain the words, "Vali-
dating and ratifying indebtedness, yes," or the words, Form of

P . -, ' ^ ' ' ijallots.

"Validating and ratifying indebtedness, no." Ballots
containing the words, "Validating and ratifying in-
debtedness, yes," shall be counted in favor of validat-

74

CODE OF PUBLIC INSTRUCTION.

Certifying
result of
election.

Qualifications
of voters.

Clerk to give
notice of
election.

Publication
of notice.

Notice to con-
tain, what.

ing and ratifying such indebtedness, and ballots
containing the words, " Validating and ratifying in-
debtedness, no," shall be counted against validating
and ratifying such indebtedness. As soon as the polls
are closed at such election, the judges at each polling
place shall count the votes, ascertain the result and
certify the same and ma.ke return thereof, within two
days after such election, to the board of directors of
such district, by depositing the same, together with the
ballots cast at such election, with the clerk or secre-
tary of such board, and within five days after such
election, or as soon as all the returns of such election
are deposited as herein provided, the board of directors
of such district shall meet and canvass and declare the
result, and shall cause to be entered a minute thereof
on the records of such district. The qualifications of
voters at such election shall be the same as prescribed
for the election of school officers.

Sec. 131. At the time of the adoption of the resolu-
tion provided in section 129 of this chapter, the board
of directors shall direct the clerk or secretary of the
board to give public notice of the time, place and pur-
poses of such election. Such clerk or secretary shall
thereupon cause written or printed notices to be posted
in at least five places in such school district, at least
twenty days before such election. Said notice shall
also be published for the same length of time in a
daily newspaper printed and published in such district,
and if there be no such daily newspaper, then in a
weekly newspaper, published in this state and of
general circulation in the county where such school
district is situated, in two regular issues of such weekly
newspaper next preceding the day of such election.
Said notices shall contain a copy of the resolution
mentioned in section 129 of this chapter, the time of
holding such election and location of polling places, a
statement of the object of the election, and the form of
the ballot adopted by the board to determine the ques-
tion submitted to the voters.

Sec. 132. If the indebtedness of such school district

CODE OF PUBLIC INSTRUCTION. 75

is validated and ratified, as provided in section 129 of
this chapter, by three-fifths of the voters voting at such ilsue*bonds.
election, the board of directors of such school district,
without any further vote, may borrow money and issue
negotiable coupon bonds therefor to an amount not to
exceed the unpaid indebtedness of such school district
existing at the time of the adoption of the resolution
mentioned in section 129 of this chapter, deducting
from the amont of such unpaid indebtedness the
amount of all indebtedness evidenced by negotiable
coupon bonds then outstanding against and payable by
such district. Bonds so issued shall bear a rate of ?^*^ °i

interest.

interest not to exceed six per cent, per annum, interest
payable semi-annually, payable and redeemable at such
time and place as designated in the bonds, but not ex-
ceeding twenty years from date of issue. The bonds
and coupons shall be in such form as the board of
directors shall prescribe, and payable at such place as
may be designated therein. In all school districts, ex-
cept in cities of ten thousand or more inhabitants, said
bonds, with the coupons, must be signed by the board
of directors and countersigned by the clerk of the
school district. In school districts in cities of ten ia;oM*OT^more
thousand or more inhabitants said bonds, with the ^'^^'^^^*^°'^^-
coupons, must be signed in the corporate name of the
district, by the president of the board of directors
thereof, and attested by the secretary of the board.
The seal of said district, if such district has a seal, |fsti.fJt,
shall be affixed to each bond by the secretary thereof.
The moneys arising from the sale of coupon bonds
issued under this chapter shall be placed by the treas-
urer of the county in a special fund to the credit of
such school district, and out of such fund shall be paid indebtedness,

' ^ how paid.

the indebtedness of such school' district existing at the
time of the adoption of the resolution mentioned in
section 129 of this chapter, not evidenced by negotiable
coupon bonds.

Sec. 133. When authorized and empowered to issue ^^^g^^o''^
bonds, as provided in section 132 of this chapter, the ^^ ^®^"®*^-
board of directors of such district shall, at a meeting

76

CODE OP PUBLIC INSTRUCTION.

County

treasurer shall
advertise sale.

Interest not
to exceed 6
per cent.

One per cent,
deposit.

Warrants
exchanged
for bonds.

County treas-
urer notified
of result of
election.

of such board, determine by resolution the amount of
bonds to be issued, not exceeding, however, the unpaid
indebtedness of such district after deducting the bonded
indebtedness existing at the time of the adoption of the
resolution mentioned in section 129 of this chapter,
and shall deliver a copy of said resolution to the county
treasurer of the county in which such school district is
situated, who shall immediately advertise for sale said
bonds, and the law relating to other bonds shall govern,
control and apply to bonds issued or sold under this
chapter, except that bonds issued under this chapter
shall not bear a greater rate of interest than six per
cent, per annum, and they may be sold in such amounts
or blocks as the board of directors may direct, and such
board may also require all persons bidding for said
bonds, except the State of Washington, to deposit one
per cent, of the par value of the bonds bid for on de-
positing with the treasurer their bids, and if the bidder
fails to take and pay for the bonds for which he bid, in
case of their sale to him, the amount so deposited shall
be forfeited to the school district, otherwise to be re-
turned to such bidder, and a resale of such bonds so
refused to be taken may be made as if the bid for the
same had been rejected, and the money arising from
the sale of the bonds issued under this chapter shall be
applied as provided in section 132 of this chapter.

Sec. 134. If bonds issued under this chapter are not
sold as herein provided, the holders of unpaid warrants
drawn on the county treasurer by such district for an
indebtedness existing at the time of the adoption of
the resolution mentioned in section 129 of this chap-
ter, may exchange said warrants at the face value
thereof and accrued interest thereon for coupon bonds
issued under this chapter, at not less than par value
and accrued interest of such bonds at the time of the
exchange ; such exchange to be made under such reg-
ulations as may be provided by the board of directors
of such district.

Sec. 135. When the board of directors shall have
canvassed and declared the result of the election as

CODE OP PUBLIC INSTRUCTION. 77

prescribed in section 130 of this chapter, it shall, if
the same shall have been in favor of validating and
ratifying the indebtedness, immediately cause to be
sent to the county treasurer of the county in which
such district is situated, notice of the result of the
election, and all moneys then or thereafter in the ^oneythere-

' "J after applied

hands of such treasurer belonging to such district, expenses*
arising from the annual tax levy or from fines or other
sources for the support and maintenance of common
schools in such district, shall be applied only to the
payment of interest on the bonded indebtedness and
to the current expenses of such school district incurred
after the adoption of the resolution mentioned in sec-
tion 129 of this chapter, and shall not be used for, or
applied to, the payment of any indebtedness of such
district existing before the adoption of said resolution,
except interest on the bonded indebtedness. The an- Limit of an-

■*■ . _ _ nual expense.

nual expense of such district shall not thereafter exceed,
the annual revenue thereof, and any officer of such
district who shall knowingly aid in increasing the
annual expenditure in excess of the annual revenue of
such district, shall be deemed to be guilty of a misde-
meanor, and shall be punished by a fine not exceeding
five hundred dollars. If the indebtedness of such
school district, excluding the bonded indebtedness ex-
isting before the adoption of said resolution, is not ex-
tinguished by the exchange of warrants for bonds, or
by the proceeds of the sale of bonds, as herein pro-
vided, then it shall be the duty of the board of directors,
thirty days before the regular annual tax levy, to certify
the amount of such indebtedness remaining unpaid to
the board of county commissioners of the county in
which such school district is situated, and said board
of county commissioners, at the time of making the
regular annual tax levy, shall annually levy a special *^'?'^^.*y^''°™'
tax on the taxable property of the district not to exceed remai^niLs^"'^"
three mills on the dollar on the valuation of such tax- ihrlemfusf^
able property, which shall be collected as other taxes
are collected, and the proceeds of such tax shall be a
special fund for the payment of the indebtedness of

78 CODE OF PUBLIC INSTRUCTION.

such district, not included in bonds, existing at the
time of the adoption of the resolution mentioned in
section 129 of this chapter.

Chapter 9. — Certification of Teachers.

ARTICLE I. — classification OF CERTIFICATES.

certiflcat'ls Sec. 136. Nothing in this act shall be construed to

and contracts, invalidate the life diplomas or the state or territorial
certificates granted under the laws of the Territory of
Washington, or of the State of Washington, but the
same shall continue in effect the same as life diplomas
and state certificates granted under the provisions of
this act, and all county certificates heretofore granted
by any county board of examiners shall continue in
full force and effect until the expiration thereof ; and
any contract made in good faith by any teacher, school
officer, or other person, under the provisions of the
territorial or state school laws, is hereby recognized as
a valid contract, the same as if made under the pro-
visions of this act.

certTficates B'EC. 137. The tcacliers' certificates issued by author-

ity of the State of Washington, and entitling the holder
thereof to teach in the schools of the state shall con-
sist, of —

Life diplomas. Fivst : Life diplomas, valid during the life of the
holder, and state certificates, valid for five years from
the date of issue ; said life diplomas and state certifi-
cates shall be issued by the Superintendent of Public
Instruction on the authority of the State Board of edu-
cation : Provided, That state certificates may, upon ap-

certmcates pHcation and without examination, be renewed, or a
life diploma be authorized in lieu thereof by the State
Board of Education.

and'tiihHi"'^'^ ^ecofid : First grade common school certificates, valid

tiflwi^ter foi* a period of five years from date of issue ; second
grade common school certificates, valid for two years
from date of issue ; third grade common school certifi-
cates, valid for one year from date of issue. Said first
grade certificates, second grade certificates and third

CODE OF PUBLIC INSTRUCTION. 79

grade certificates shall be issued by the Superintendent
of Public Instruction, as provided by law.

Third : Temporary certificates may be issued, as pro- cel^ticates
vided by law, by any county superintendent, entitling
the holder thereof to teach in any common school of
the county wherein the same is issued until the next
regular examination of teachers ; whereat, if the ap-
plicant take the examination for certification, the
county superintendent may extend the same until it
shall have been determined whether a certificate is to
be issued to the applicant in accordance therewith.

Fourth : Special certificates may be issued without c^jftifi^cates
examination by the county superintendent to teachers
of music, languages other than English, drawing and
painting, manual training and penmanship, upon the
application of any board of directors, which certificate
shall entitle the holder thereof to teach the subject therein
named in any school of the district under the control of
said board of directors, until revoked for cause. Pro-
vided, That the county superintendent, before issuing
the same, shall receive satisfactory evidence of the ap-
plicant's fitness to teach the subject named in the
certificate.

ARTICLE II — DIPLOMAS AND STATE CERTIFICATES.

Sec. 138. State certificates shall be granted to such state cer-

o tiflcates.

applicants only as shall file with the board satisfactory
evidence of having taught successfully twenty-seven
months, at least nine of which shall have been in the
public schools of this state. The applicant must pass
a satisfactory examination in all the branches required
for first grade common school certificates, also plane
geometry, geology, botany, zoology, civil government,
psychology, history of education, bookkeeping, com-
position and general history ; or file with the board a
certified copy of a diploma from some state normal
school, or normal department of university of Wash-
ington, or of a state or territorial certificate from a
state or territory, the requirements to obtain which
shall not have been less than those required by this
act. Life diplomas shall be granted to such applicants

80

CODE OF PUBLIC INSTRUCTION.

Fees for
certificates.

State certifi-
cates without
examination.

only as shall file with the board satisfactory evidence
Life diplomas, that they have taught successfully for ninety months,
not less than fifteen of which shall have been in the
public schools of this state. In other respects the re-
quirements shall be the same as those for state certifi-
cates. The fee for state certificates shall be three
dollars, and for life diplomas, five dollars. Said fees
must be deposited with the application, and cannot be
refunded to the applicant unless "the application be
withdrawn before it has been considered by the board.
Said fee shall be paid into the state treasury.

Sec. 139. The state board shall also have power to
grant state certificates without excamination to all
applicants who are graduates of a regular four year
collegiate course of the university of Washington, the
agricultural college and school of science, or of other
reputable institutions of learning whose requirements
of graduation are equal to the requirements of the
university of Washington : Provided, That the ap-
plicant shall file with the board a certificate copy of
his diploma and a copy of the course of study for the
year in which he graduated : Provided, further-. That
the applicant shall pass a satisfactory examination be-
fore the State Board of Education in theory and practice
of teaching, psychology and history of education, and
shall file with the board satisfactory evidence of having
taught successfully for twenty-seven months, at least
nine of which shall have been in the public schools of
this state.

ARTICLE in.-- COMMON SCHOOL CERTIFICATES.

Sec. 140. There shall be held at the county seat of
each county on the second Thursday of the months of
February, May, August and November of each year an
examination of applicants for teachers' certificates,
which examination shall be conducted by the county
superintendent according to the rules and regulations
of the State Board of Education : Provided, That in case
of the sickness or disability of the superintendent he
may appoint a suitable teacher or teachers to assist or
conduct the same, subject to the same laws, rules and

County-
examination

Assistants.

CODE OF PUBLIC INSTRUCTION. 81

regulations as himself, and the county superintendent
shall in reporting the examination to the Superintend-
ent of Public Instruction, as hereinafter provided, for-
ward such appointment in writing.

Sec. 141. (As amended by H. B. 472, Laws of 1899).
All applicants at the examination mentioned in the
preceding section shall be at least seventeen years of fe\^Jh?ed
age, and shall be examined according to the rules and
regulations of the State Board of Education, in read-
ing, penmanship, orthography, written and mental
arithmetic, geography, English grammar, physiology,
and hygiene, history and constitution of the United
States, school law and the constitution of the State of
Washington and the theory and art of teaching ; but
no person shall receive a first grade certificate who
does not pass a satisfactory examination in the ad
ditional branches of physics, English literature and
algebra, and who does not present satisfactory written
evidence of having taught successfully one school year
of nine months : Provided, That the State Board of fertmcates
Education may adopt two subjects in lieu of algebra
and physics for teachers who have taught exclusively
in primary schools for not less than fifty months,
and the certificates granted to such primary teach-
ers shall be known as first grade primary cer-
tificates, and shall entitle the holders to teach only
in the primary grades of city and village schools. The
state superintendent shall also have power to grant ^ft^^Jf *®^
common school certificates without examination to all exammation.
applicants who are graduates of a regular four year
collegiate course of the university of Washington, the
agricultural college, and school of science, state nor-
mal schools equal in requirements to the state normal
schools of Washington, or of other reputable institutions
of learning whose requirements for graduation are
equal to the requirements of the university of Wash-
ington ; also to all applicants who hold state certificates
or diplomas equal in requirements to the requirements
of the State of Washington : Provided, That an appli-
—6

82

CODE OF PUBLIC INSTRUCTION.

Examination
fees.

Papers for-
warded to
State Super-
intendent.

Renewal of
first p-ii
second grade
certificates.

cant shall pass an examination in state school law and
constitution with a standing required for a first grade
certificate.

Sec. 142. (As amended by H. B. 472, Laws of 1899.)
Each applicant before taking the examination for a cer-
tificate, or upon application for a temporary certificate
or for a renewal, shall pay to the county superintend-
ent the sum of one dollar, and shall receive a receipt
therefor. The fees so received by the superintendent
shall in no case be returned to the applicant, but shall
be paid to the county treasurer to the credit of the in-
stitute fund.

Sec. 143. The county superintendent shall within
three days of the close of said examination forward to
the superintendent of public instruction, in accordance
with his directions, all the papers written at said exam-
ination and relating thereto, including a complete list
of all applicants thereat, with their postofiice addresses,
and also a receipt from the county treasurer for the fees
collected at the examination as herein provided.

Sec. 144. (As amended by H. B. 472, Laws of 1899.)
The holder of a first grade certificate who shall present
to the Superintendent of Public Instruction evidence
of having taught successfully twenty-four school months
during the time said certificate has been in force, may
have his certificate renewed without further examina-
tion, which renewal shall be endorsed thereon by the
Superintendent of Public Instruction, upon its presen-
tation, for a like term of five years : Provided, That such
renewed certificate shall lapse upon the failure of its
holder to teach for a period of two consecutive school
years : Provided further, That a teacher holding a sec-
ond grade certificate who has taught in a primary grade
of the public schools of the state for not less than four
years immediately preceding the expiration of said cer-
tificate, and who has taken at least one subject of the
teachers' reading circle each year under the regulations
prescribed by the state board of education, may have
said certificate renewed for two years as a primary
teacher onl3^

CODE OF PUBLIC INSTRUCTION. 83

Sec. 145. All applicants for certificate who shall at- ^E^'iiff*^
tain the required percentage in eight of the designated subjects.^
subjects, but not in all, shall be credited for those sub-
jects in which they shall have passed, and, upon pass-
ing the required percentages in the remaining subjects
at the next subsequent examination, shall receive a
certificate in accordance with the result of both exam-
inations : Provided, That this shall not be construed as >
applying to those passing for a third grade certificate.

Sec. 146. Any teacher to whom a certificate has been
granted by any county board of examiners in this
state, or by lawful examiners in any other state or ter-
ritory, the requirements to obtain which shall not have
been less than the requirements to obtain a certificate
in this state, or any teacher holding a diploma or cer-
tificate of graduation from any state or territorial nor-
mal school, or from the normal department of the
university of the State of Washington, may present
the same, or a certified copy thereof, to the county
superintendent of any county in this state where said
teacher desires to teach, and it shall be the duty of said S'teSdent's^^''
county superintendent, upon such evidence of fitness ™mporary

,,1, j.x*i J. j_-/i certiflcates.

to teach, to grant to said person a temporary certifi-
cate : Provided, That the provisions of this clause shall
apply only to such teachers as were not residents of the
county at the time of the last preceding examination,
or were not able, by reason of sickness or other una-
voidable cause, to attend said examination : And pro-
vided further, That the county superintendent may
require of such a person a written statement of such
facts, verified by afiidavit.

ARTICLE IV. — GENERAL PROVISIONS.

Sec. 147. All certificates issued by the Superintend- Registration

•J r of certificates.

ent of Public Instruction shall be valid and entitle the
holder thereof to teach in any county of the state upon
being registered by the county superintendent thereof,
which fact shall be evidenced by him on the certificate

in the words, "Registered for use in county,"

together with the date of registry and his official signa-
ture : Provided, That a copy of the original certificate

84 CODE OP PUBLIC INSTRUCTION.

or diploma duly certified by the Superintendent of
Public Instruction may be used for the purpose of reg-
istry and endorsement in lieu of the original.

SnificateS.°^ Sec. 148. Any certificate named in this act may be
revoked by the authority entitled to grant the same
upon the determination of sufficient cause, after the
holder thereof shall have been given an opportunity
of being heard.

Chapter 10. — Elections and Meetings,
article i. — general elections.
*Sec. 149. (As amended by chapter xli, Laws of

when*heid. 1901.) The election of district directors and clerks shall,
■ except as otherwise provided by law, be held on the
second Saturday in May of each year, at the district
school house if there be one, or if there be none, or
if more than one, then at a place to be designated by
the board of directors. Special school elections shall
be called and conducted in the manner provided for
calling and conducting annual elections.

§ve1;e^'days' ^EC. 150. The district clcrk must give at least ten

notice. days' notice of such school election, by posting or caus-

ing to be posted, written or printed notices thereof in
at least three public places in the district, one of which
must be the place of holding the election. Said notice
must designate the place of holding the election, day
of holding the election, hours between which the polls
are to be kept open, names and offices for which per-
sons are to be elected, and terms of office, with a state-
ment of any other questions which the board of directors
may desire to submit to the electors of said district.
Notices must be signed by the district clerk " By order
of the board of directors." Unless otherwise designated

Polls must be in the notice of election, the polls shall be open at one

open, when. ^ -^ ,

o'clock in the afternoon and close at four o'clock in the
afternoon, but the board of directors may, previous to
giving notice of election, determine on an hour before
one o'clock, but not earlier than nine o'clock in the
forenoon for opening the polls, and for closing an hour
after four o'clock, but not later than eight o'clock in

* This provision went into effect March 1, 1901.

CODE OF PUBLIC INSTRUCTION. 85

the afternoon. In no case shall the polls be open be-
fore the hour named in the notice, nor kept open after
the hour fixed for closing the polls, but if there is not
a sufficient number of electors present at the hour
named for opening the polls to constitute a board of
election, it shall be lawful to open the polls as soon
thereafter as a sufficient number of electors is present:
Provided, That in cities and incorporated towns the T^ oi^^i^s ana

' ^ incorporated

polls shall open not later than one o'clock in the after- to^^s.
noon and close not earlier than eight o'clock in the
afternoon.

Sec. 151. At the hour fixed for opening the polls the ^^^^d"^^
electors present shall select two electors to act as judges
of the election and one elector to act as clerk of the
election, and the three selected shall constitute the
election board ; and no election shall be held unless an
election board is so constituted and qualified. The
judges and clerk aforesaid shall, before entering upon Sacersmust
the duties of their office, severally take and subscribe
an oath or affirmation faithfully to discharge the duties
as such officers of the election, said oath or affirmation
to be administered by any school officer or other person
authorized to administer oaths. The judges shall, be-
fore they commence receiving ballots, cause to be pro-
claimed aloud at the place of voting that the polls are
now open.

Sec. 152. The voting shall be by ballot. The ballots Formof baiiot.
shall be a paper ticket containing the names of the per-
sons for whom the electors intend to vote, and desig-
nating the office to which such person so named is
intended by him to be chosen. Whenever any person "^otes

•^ 'J r received.

offers to vote, one of the judges shall pronounce his name
in an audible voice, and if there be no objections to the
qualification of such person as an elector, he shall re-
ceive the ballot in the presence of the election board
and deposit the same without being opened or ex-
amined in the ballot box, and the clerk shall immedi-
ately enter the name upon the list headed " Names of
voters."

Sec. 153. (As amended by H. B. 472, Laws of 1899).

86

CODE OF PUBLIC INSTRUCTION.

Every person, male or female, over the age of twenty-
Quaiiflcation one voars, who shall have resided in the school district

of electors. -^ '

for thirty days immediately preceding any school elec-
tion, and in the state one year, and is otherwise, except
as to sex, qualified to vote at any general election, shall
be a legal voter at any school election, and no other
person shall be allowed to vote : Provided, That regis-
tration for purposes of school election shall not be
required except in cities of ten thousand or more inhab-
itants. Persons offering to vote may be challenged by
Voter may be auv legally Qualified school elector of the district, and

challenged. ./ o ./ ±

one of the judges of election shall thereupon, before
receiving his vote, administer to the person challenged
an oath in substance as follows : " You do swear, (or
afiirm) that you are a citizen of the United States, or
have declared your intention to become such ; that you
are twenty-one years of age, according to your infor-
mation and belief, and that you have resided in this
district thirty days next preceding this election, and in
the state one year, and that you have not voted before
on this day." If he shall refuse to take the oath, his
vote shall be rejected. Any person guilty of illegal
voting shall be punished as provided in the general
election laws of the state.
Closing polls. Sec. 154. When the polls are closed, proclamation
thereof shall be made at the place of voting, and no
vote shall afterward be received. As soon as the polls
are closed, the judges shall open the ballot box and
commence counting the votes, and in no case shall the
ballot box be removed from the room in which the
election is held until all the votes are counted. The
counting shall be in public. The ballots shall be taken
out one by one, by one of the judges, who shall open
them and read aloud the name of each person con-
tained therein, and the office for which such person
was voted for. The clerk shall write down each office
to be filled and the name of such person voted for for
such office, and shall keep the number of votes by tal-
lies as they are read aloud by one of the judges. The
counting of the votes shall continue without adjourn-

Canvass of
returns.

CODE OF PUBLIC INSTRUCTION. 87

ment until all the votes are counted. No ticket shall
be rejected on account of form or mistake in the initials bTuots^"*
or spelling of names, if the judges can determine to
their satisfaction the person voted for and the office
intended. After the result of the election is duly can-
vassed and officially declared, the clerk of the election '-'off g^ee^^^o*^
shall forward the poll sheet thereof to the county su- fnte'Ment^^'^'
perintendent, who shall preserve the same on file in
his office. '

Sec. 155. Persons having the highest number of of Sfon^
votes given for each office shall be declared duly elected,
and the clerk of election shall immediately make out
and deliver to each person so elected a certificate of
election. The clerk of election shall also make out a
certificate showing the persons elected to each office at
such election, with oaths of office of persons elected
attached, and mail such certificate and oaths to the
county superintendent of schools of the county in
which the election is held. If two persons have an Tie votes.
equal and highest number of votes for one and the
same office, they shall, within ten days after the elec-
tion, appear before the clerk of election of said district
and publicly decide by lot which of the persons so
having an equal number of votes shall be declared
elected, and the clerk of election shall make out and
deliver to the person thus declared elected a certificate
of his election, and notify the county superintendent
of the county as before provided. If the persons above
named do not, within ten days after election, thus de-
cide, the office shall be declared vacant by the clerk of
election, and the county superintendent shall, when
notified of the vacancy, fill the same by appointment.

ARTICLE II. — SPECIAL MEETINGS.

Sec. 156. (As amended by chapter clxxvii, Laws of
1901). Any board of directors may, at its discretion and ^te*rs^— what
shall, upon a petition of the majority of the legal voters mine(f thereat
of their district, call a special meeting of the voters of
the district, to determine the length of time in excess of
the minimum length of time prescribed by law that
school shall be maintained in the district during the

CODE OP PUBLIC INSTRUCTION.

Elections at
the school
house.

Clerk to give
ten days'
notice.

Election
officers.

Records of.

Directors to
carry out vote.

school year ; to determine whether or not the district
shall purchase any school house site or sites, and to
determine the location thereof; or to determine whether
or not the district shall build one or more school
houses ; or to determine whether or not the district
shall maintain one or more free kindergartens ; or to
determine whether or not the district shall sell any real
or personal property belonging to the district, borrow
money or establish and maintain a school district
library.

Sec. 157. All such special meetings shall be held at
the school house, if there be one, or if there be none
or more than one, then at such school house or place
as the board of directors may determine. At least ten
days' notice of such special meeting shall be given by
the district clerk, in the manner that notice is required
to be given of the annual school election, which notice
shall state the object or objects for which the meeting
is to be held, and no other business shall be transacted
at such meeting than such as is specified in the notice.
The district clerk shall be clerk of the meeting, and
the chairman of the board of directors or, in his
absence, the senior director present, shall be chairman
of the meeting : Provided, That in the absence of one
or all of said officers, the qualified electors present may
elect a chairman or clerk, or both chairman and clerk,
of said meeting as occasion may require, from among
their number. The clerk of the meeting shall make a
record of the proceedings of the meeting, and when the
clerk of such meeting has been elected by the qualified
voters present, he shall within ten days thereafter, file
the record of the proceedings, duly certified, with the
clerk of the district, and said record shall become a
part of the records of the district, and be preserved as
other records.

Sec. 158. It shall be the duty of every board of di-
rectors to carry out the directions of the electors of
their districts as expressed at any such meeting.

CODE OF PUBLIC INSTRUCTION. 39

Chapter 11. — Penalties.

Sec. 159. Any member of the State Board of Educa- Skmination'''
tion, or any employe of the state, who shall, directly or 'i"'^*'""'^*-
indirectly, disclose any questions prepared for ex-
aminations, shall be deemed guilty of a misdemeanor,
and upon conviction thereof shall be fined in any sum
not less than one hundred nor more than five hundred
dollars.

Sec. 160. If any county superintendent fails to make bounty super-
a full and correct report to the Superintendent of Public make*report.
Instruction of all statements required by him, he shall
forfeit the sum of fifty dollars from his salary, and the
board of county commissioners are hereby authorized
and required to deduct therefrom the sum aforesaid
upon the information from the Superintendent of Pub-
lic Instruction that such reports have not been made.

Sec. L61. Any officer or person collecting or receiv- to°pay over
ing any such fines, forfeitures or other moneys, and
refusing or failing to pay over the same, as required
by law, shall forfeit double the amount so withheld,
and interest thereon at the rate of five per cent, per
month during the time of so withholding the same ;
and it shall be a special duty of the county superintend-
ent of schools to supervise and see that the provisions
of this section are fully complied with, and report
thereon to the county commissioners semi-annually or
oftener.

Sec 162. Upon complaint in writing being made to ^°ectors To"^
any county superintendent by any district clerk, or by fng°o?hy|iene.
any head of family, that the board of directors of the
district of which said clerk shall hold his office, or said
head of family shall reside, have failed to make pro-
vision for the teaching of hygiene, with special refer-
ence to the effects of alcoholic drink, stimulants and
narcotics upon the human system, as provided in this
act, in the common schools of such district, it shall be
the duty of such county superintendent to investigate
at once the matter of such complaints, and if found to
be true, he shall immediately notify the county treasurer
of the county in which such school district is located,

90 CODE OF PUBLIC INSTRUCTION.

and after the receipt of such notice, it shall be the duty
of such county treasurer to refuse to pay any warrants
drawn upon him by the board of directors of such
district subsequent to the date of such notice and until
he shall be notified to do so by such county superin-
tendent. Whenever it shall be made to appear to the
said county superintendent, and he shall be satisfied,
that the board of directors of such district are com-
plying with the provisions of said section of this act,
and are causing physiology and hygiene to be taught
in the public schools of such district as hereinbefore
provided, he shall notify said county treasurer, and
said treasurer shall thereupon honor the warrants of
said board of directors.
For failure of Sec. 163. Any couuty superintendent of common

county super- '' ./ x

intendent to gchools who sliall fail or rcfuso to comply with the

enforce teach- J^ J

ing of hygiene, provisious of the preceding section shall be liable to a
penalty of one hundred dollars, to be recovered in a
civil action in the name of the state in any court of
competent jurisdiction, and the sum recovered shall go
into the state school fund ; and it shall be the duty of
the prosecuting attorneys of the several counties of the
state to see that the provisions of this section are en-
forced.

Forfaiiureof Sec. 164. In casc the district clerk fails to make the

clerk to make

report. rcports herein provided at the proper time and in the

proper manner, he shall forfeit and pay to the district
the sum of twenty-five dollars for each and every such
failure. He shall also be liable if, through such neglect,
the district fails to receive its just apportionment of
school moneys, for the full amount so lost. Each and
all of said forfeitures shall be recovered in a suit
brought by the county superintendent or by any citizen
of such district, in the name and for the benefit of such
district.

For failure Sec. 165. Auv school officer who shall refuse or fail

to deliver "^

property. to deliver to his qualified successor all books, papers,
records and moneys pertaining to his office, or who
shall willfully mutilate or destroy any such property,
or any part thereof, or who shall misapply moneys en-

CODE OP PUBLIC INSTRUCTION. 91

trusted to him by virtue of his office, shall be deemed
guilty of a misdemeanor, and shall, upon conviction
thereof, be punished by a fine not to exceed one hun-
dred dollars.

Sec. 166. Any teacher who willfully refuses or neg- fn/orcecourse
lects to enforce the course of study or the rules and °* study.
regulations required by the state board of education,
shall not be allowed by the directors any warrant for
salary due until said teacher shall have complied with
said requirements.

Sec. 167. Any teacher who shall maltreat or abuse q^I^^^^^
any pupil by administering any undue punishment, or
who shall inflict punishment on the head or face of a
pupil, shall be deemed guilty of a misdemeanor, and
upon conviction thereof before any court of competent
jurisdiction, shall be fined in any sum not exceeding
one hundred dollars.

Sec. 168. Any teacher failing to attend once in each Attendance

,■,,• ii;xi-i.j. 1 at institute

year an institute m some county oi this state, unless
on account of sickness, or for other good and sufficient
reasons satisfactory to the Superintendent of Public In-
struction, may have any certificate he may hold for-
feited by order of the Superintendent of Public Instruc-
tion : Provided, That said forfeiture shall be duly
published after the said teacher shall have been given
opportunity to present his reasons for such non-attend-
ance, and after action thereon.

Sec. 169. Any parent, guardian or other person, who f tga^c^'fr^^
shall insult or abuse a teacher in the presence of the
school, or anywhere on the school grounds or premises,
shall be deemed guilty of a misdemeanor and be liable
to a fine of not less than ten dollars nor more than one
hundred dollars.

Sec. 170. Any person who shall willfully disturb any *^Og^g<i^^^^[^-
school or school meeting shall be deemed guilty of a
misdemeanor, and upon conviction be fined in any sum
not more than fifty dollars.

Sec. 171. Any person summoned before a superior E^g^^^nce
judge to answer why he has not kept the children under ^^ school.
his care in school as provided in the law relating to

92

CODE OF PUBLIC INSTRUCTION.

For defacing
property.

For violating

vivisection

law.

For failure
to use text-
books or
follow course
of study.

Apportion-
ment of funds.

school attendance, and failing to show satisfactory cause
for his refusal or neglect to comply with such law, shall
be deemed guilty of a misdemeanor, and fined in a sum
of not less than ten nor more than twenty-five dollars
for each offense, and the said fine when collected shall
be placed to the credit of the school district wherein
the person so fined resides.

Sec. 172. Any pupil who shall cut, deface or other-
wise injure any school house, furniture, fence or out-
building thereof, or any books belongingto the district
library, shall be liable to suspension and punishment,
and the parent or guardian of such pupil shall be liable
for damages, on complaint of the teacher or of any
director, and upon proof of the same.

Sec. 173. Any person violating the provisions of this
act relating to vivisection and dissection in schools
shall, upon conviction thereof, be deemed guilty of a
misdemeanor, and be fined in any sum of not less than
fifty nor more than one hundred dollars.

Sec. 174. Any district using text-books other than
those prescribed by the state board of education, or any '
district failing to comply with the course of study pre-
scribed by the state board of education, or any district
in which warrants are issued to a teacher not legally
qualified to teach in the common school of the said
district, shall forfeit twenty-five per cent, of their school
fund for that or the subsequent year, and it is hereby
made the duty of the county superintendent to deduct
said amount from the apportionment to be made to
any district failing in either or all of the above require-
ments, and the amounts thus deducted shall revert to
the general school funds of the state, and the count}^
treasurer shall return the same to the state treasurer
for reapportionment.

Sec. 175. (As amended by H. B. 472, Laws of 1899).
No school district shall be entitled to receive any ap-
portionment of school moneys which shall not have
maintained school for the time required by law during
the preceding school year : Provided, That any new dis-
trict formed from the division of an old one shall be

CODE OF PUBLIC INSTRUCTION. 93

entitled to its just share of school moneys when the
time that school was maintained in the old district be-
fore division, and in the new one after division, shall
be equal to at least the time required by law in the old
district: Provided further, That if any school district
has heretofore failed to receive apportionment of state
school funds because of failure to hold school the time
required by law, and there are unpaid warrants drawn
on the general funds of said district for maintenance
of school prior to the said failure, the Superintendent
of Public Instruction shall apportion to the county, at
the time of the next regular apportionment of state
school funds, an additional amount sufficient to pay
said warrants and interest on the same to the date on
which said apportionment is made.

Chapter 12.— General Provisions.

Sec. 176. Whenever the word "he" or "his" occurs ?^'^'?P^2|
in this act, referring to either the members of the city '"^i^-"
board of directors, county superintendents of common
schools, city superintendents, directors, clerks. State
Board of Education or other school officers, it shall be
understood to mean also "she" or "her," and any ^^^®^™^y
woman possessing all of the qualifications of an elector
except as to sex, and possessing all of the other quali-
fications required by law for such offices, shall be eli-
gible to hold such offices.

Sec. 177. (As amended by chapter clxxvii, Laws
of 1901). Any parent or guardian, who, after being parents to
notified by the county school superintendent of the to'schooi!^'^^'^
provisions of the law relative to children attending
school, shall further refuse or neglect to send such
child to school, shall, upon complaint of the county
superintendent, be summoned before the judge of the
Superior Court, who shall have power to remove ^^y^oZf.^^
child, if an orphan, who fails to attend school as re-
quired by law, and place it in the care of some other
person who will be likely to send such child to school,
or if the child be under the care of a parent or parents,
then said judge shall have power, upon the complaint

94

CODE OF PUBLIC INSTRUCTION.

Issuance
of order.

Vivisection
forbidden.

Dissection
permitted,
when.

Display of
United
States flag.

of the county school superintendent, to summon such
child and such parent or parents before him, and if he
shall, upon inquiry, find the said child has not already
attained a reasonable proficiency in the common school
branches for the first eight years outlined in the course
of study for common schools for the State of Wash-
ington, he shall issue an order commanding such parent
or parents to place such child in school, if school be
then in session, or immediately when school shall re-
sume, if school be not in session, or appear before him
and show cause for the neglect or refusal so to do :
Provided, That the county attorney shall act as attorney
for the county superintendent in all court proceedings
relating to the compulsory attendance of children in
school as required by law.

Sec. 178. No teacher or other person employed in
any school in the State of Washington, except a med-
ical or dental school or the medical or dental department
of any school, shall practice vivisection upon any verte-
brate animal in the presence of any pupil in said
school, or any child or minor there present; nor in
such presence shall exhibit any vertebrate animal upon
which vivisection has been practiced.

Sec. 179. Dissection of dead animals, or any portion
thereof, in the schools of the State of Washington shall,
in no instance, be for the purpose of exhibition, but in
every case shall be confined to the class room and the
presence of those pupils engaged in the study to be
illustrated by such dissection.

Sec. 180. That the board of directors in the several
school districts of this state shall procure a United
States flag, and shall display said flag upon or near
each public school building during school hours, except
in unsuitable weather and at such other times as to
said board may seem proper; and the necessary fund
to defray the expenses to be incurred for such flags
and appliances shall be assessed and collected in the
same manner as moneys are now raised by law for
public school purposes.

Sec. 181. The board of directors of any school dis-

CODE OF PUBLIC INSTRUCTION. 95

trict contemplated by this act shall have power to
establish and maintain free kindergartens in connec- ganeiT'^^^
tion with the common schools of said district for the
instruction of children between the ages of four and
seven years, residing in said district, and shall estab-
lish such courses of training, study and discipline, and
such rules and regulations governing such preparatory
or kindergarten schools as said board may deem best :
Provided, That nothing in this act shall be construed
to change the law relating to the taking of the census
of the school population or the apportionment of state
and county school funds among the several counties
and districts in this state : Provided further, That the
cost of establishing and maintaining such kindergar- ^yspecfauaif
tens shall be paid from the special school fund voted
by the electors of said districts,, for this purpose ; and
the said kindergartens shall be a part of the public
school system and governed, as far as practicable, in
the same manner and by the same officers as is now, or
hereafter may be, provided by law for the government
. of the other public schools of this state : Provided further,
That teachers of kindergarten schools shall have a Diplomas of

*^ _ _ teachers m.

diploma from some reputable kindergarten training
school, or pass such examination on kindergarten work
as the kindergarten department of the state normal
schools may direct.

TITLE IV.— HIGHER AND SPECIAL INSTITUTIONS.

Chapter 1. — University of Washington.

article i. — administration.

Sec. 182. The state university, as heretofore located ^InTof^^^"
and established in the city of Seattle, county of King,
shall be designated and named the University of
Washington.

Sec. 183. The aim and the purpose of the University p^^o^^
of Washington shall be to provide for students of both
sexes, on equal terms, a liberal instruction in the differ-
ent branches of literature, science, art, law, medicine,
military science and such other departments of instruc-
tion as may be established therein from time to time

96

CODE OF PUBLIC INSTRUCTION.

Tuition.

Admission
of students

by the board of regents. Tuition in the University of
Washington, except as may be provided by the board
of regents with reference to the arts or to special courses
of study, shall be free to all bona fide residents of this
state. Non-residents of this state shall be admitted to
the said university on such terms as may from time to
time be prescribed by the board of regents. The said
university shall, as far as practicable, begin its course
of study in its literary and scientific departments at the
points where the same are completed in the public high
schools of the state. No student shall be admitted ex-
cept upon examination satisfactory to the faculty of the
university: Provided, however, That students shall be
admitted without examination upon presentation of cer-
tificate from those public high schools and other edu-
cational institutions in -this state whose courses of study
shall have been approved by said faculty of the uni-
versity, such certificates to show the completion of a
course of study on the part of applicants, which said
faculty shall deem equivalent to the course of study
necessary for admission under examination.

Sec. 184. The government of the University of
Washington shall be vested in a board of regents to
consist of seven members who shall be appointed by
the Governor of the state, by and with the advice and

Term of office, couscut of the Senate, and who shall hold their offices
respectively for a term of six years from the second
Monday in March next succeeding their appointment
and until their successors shall be appointed and shall
qualify : Provided, That regents now serving upon such
board shall continue as such during the terms for which
they were respectively appointed. Four members of

Quorum. gaid board shall constitute a quorum for the transac-

tion of business, and it shall be the duty of the Gov-

Four members emor to appoint at least four members of said board

from King ^ '^

from the citizens of the city of Seattle or county of
King in order that a quorum of said board may always
be near the said university. Whenever there shall be
a vacancy in the said board of regents, from any cause
whatever, it shall be the duty of the Governor to fill

Board of
regents.

county.

Vacancy.

CODE OF PUBLIC INSTRUCTION. 97

such office by appointment, and the person or persons
so appointed shall continue in office until the close of
the legislature next thereafter, or until others are ap-
pointed and qualified in their stead. Each regent be- Regents must
fore entering upon the duties of his office must qualify
by taking the usual oath of office before some officer
authorized by law to administer the same and file a
copy of said oath with the Secretary of State.

Sec. 185. The board shall organize by the election ^/l^^j.^'^^^^'^
from its number a president and an executive com-
mittee, of which committee the president shall be ex
officio chairman. The board shall hold regular quar- Meetings.
terly meetings, and during the interim between such
meetings the executive committee may transact business
for the whole board : Provided, That the executive com-
mittee may call special meetings of the whole board
when such action is deemed necessary.

Sec. 186. The board of regents may adopt by-laws or futYir^""^
rules and regulations for its own government. The
powers and duties of the board of regents are as fol-
lows :

First. The said board shall have full control of the ^un^^omroi
university and its property of various kinds, and shall
employ the president, members of the faculty, assistants
and employes of the institution, who shall hold their
positions during the pleasure of said board of regents.

Second. It shall be the duty of the board of regents, ^o°u?ses'of^^
with the assistance of the faculty of the university, to ®*"*^^'
prescribe the course of study in the various depart-
ments of the institution and to publish the annual
catalogue.

Third. The said board shall grant to every student, ^-^fomas.
upon graduation, a suitable diploma or degree, such
student having been recommended for such honor by
the faculty. The board shall also have power, upon
recommendation of the faculty, to confer the usual
honorary degrees upon other persons than graduates
of this university in recognition of their learning or
devotion to literature, art or science ; but no degree

—7

98

CODE OF PUBLIC INSTRUCTION.

Normal
diplomas
entitle holder
to teach.

To receive and
control funds.

To execute
bonds to War
Department.

To make
a biennial
report.

To receive no
compensation
except actual
expenses.

Faculty.

shall ever be conferred in the consideration of the
payment of money or other valuable thing. Any
diploma granted by the normal department of the
university shall entitle the holder to teach in any
public school in this state during life, under regula-
tions consistent with other provisions of law relating
to life diplomas.

Fourth. The board of regents is authorized to receive
such bequests or gratuities as may be granted to the
said university and to invest or expend the same ac-
cording to the terms of said bequests or gratuities.
The said board shall adopt proper rules to govern and
protect the receipt and expenditure of the proceeds of
all fees, bequests or gratuities, and shall make full
report of the same in the customary biennial report to
the Governor, or more frequently if required by law.

Fifth. The board of regents is authorized and em-
powered to give and execute, on behalf of the State of
Washington, the bonds and other papers required by
the war department for the safe keeping of the arms
and equipments loaned by the United States to the
University of Washington.

Sixth. The board of regents shall transmit, on the
first day of January preceding each regular session of
the legislature, to the Governor, a printed report of all
the doings since their last report, giving full informa-
tion of the receipt and expenditure of money, furnish
an estimate of the needs of the institution, and give
such information as will be helpful to the state author-
ities in providing for the said institution.

Seventh: The members of said board of regents shall
serve without compensation. Each regent, however,
shall be paid his actual traveling expenses in going to
and coming from any meeting of said board, and such
claims for expenses shall be audited on vouchers issued
by the president and secretary of said board the same
as any other claims are vouchered and audited.

Sec. J 87. The faculty of the University of Washing-
ton shall consist of the president and the professors,
and the said faculty shall have charge of the immedi-

CODE OF PUBLIC INSTRUCTION. 99

ate government of the institution under such rules as
may be prescribed by the board of regents.

Sec. 188. The University of Washington shall never Non-sectarian.
be under the control of any religious or sectarian de-
nomination or society whatever.

Sec. 189. The Attorney-General of the State shall be Attorney

•^ General legal

the legal advisor of the president and the board of a<i^iser.
regents of the university, and he shall institute and
prosecute or defend all suits in behalf of the same.

Chapter 2 — Agricultural College.

Sec. 190. The State Agricultural College, Experi- ^|^n\^"^^-
ment Station and School of Science of the State of
Washington, as heretofore located at Pullman, Whit-
man county, shall be an institution of learning open to
the children of all residents of this state, and to such
other persons as the board of regents may determine,
under such rules and regulations as may be prescribed
by the board of regents ; shall be non-sectarian in char-
acter, and devoted to practical instruction in agricul- ^nd a*im
ture, mechanic arts, and natural sciences connected
therewith, as well as a thorough course of instruction
in all branches of learning upon agricultural and other
industrial pursuits.

Sec. 191. The Governor of the State of Washington, ex officio

" ' visitors.

the Superintendent of Public Instruction, members of
the Legislature, and county commissioners shall be
ex officio visitors of said college. But said visitors shall
have no power granted to control the action of the
board of regents or to negative its duties as defined by
law.

Sec. 192. The course of instruction of said college PfJJ^
shall embrace the English language, literature, mathe-
matics, "philosophy, civil and mechanical engineering,
chemistry, animal and vegetable anatomy and physi-
ology the veterinary art, entomology, geology, political
economy, rural and household economy, horticulture,
moral philosophy, history, mechanics, and such other
courses of instruction as shall be prescribed by the
board of regents. One of the objects of said college

ses of
instruction.

100

CODE OP PUBLIC INSTRUCTION.

physical''* sliall be to train teachers of physical science, and

science. thereby further the application of the principles of

physical science to industrial pursuits ; to collect in-
formation as to schemes of technical instruction
adopted in other parts of the United States and in
foreign countries, and to hold farmers' institutes at
such times and places and under such regulations as
the board of regents may determine.

?egents°^ ^^^- ^^^^ ^hc board of regents shall provide that all

instruction given in the college shall, to the utmost
practicable extent, be conveyed by means of practical
work on the laboratory, and shall provide in connec-
tion with said college the following laboratories : One
physical laboratory or more, one chemical laboratory
or more, and one biological laboratory or more, and
suitably furnish and equip the same. Said board of
regents shall provide that all male students shall be
trained in military tactics. Said board of regents shall
establish a department of said college to be designated
the department of elementary science, and in connec-
tion therewith provide instruction in the following
subjects : Elementary mathematics, including elemen-
tary trigonometary, elementary mechanics, elementary
and mechanical drawing and land surveying. Said
board of regents shall establish a department of said
college to be designated the department of agriculture,
and in connection therewith provide instruction in the
following subjects — First: Physics, with special appli-

of'^^tructlon'^ catiou of its principles to agriculture. Second : Chem-
istry, with special application of its principles to
agriculture. Third: Morphology and physiology of
plants, with special reference to the commonly grown
crops and their fungus enemies. Fourth: Morphology
and physiology of the lower forms of animal life, with
special reference to insect pests. Fifth: Morphology
and physiology of the higher forms of animal life, and
in particular of the horse, cow, sheep and swine.
Sixth : Agriculture, with special reference to the breed-
ing and feeding of live stock, and the best mode of
cultivation of farm produce. Seventh: Mining and

CODE OF PUBLIC INSTRUCTION. 101

metallurgy. And it shall appoint demonstrators in
each of these subjects, to superintend the equipment
of a laboratory and to give practical instruction in the
same. Said board of regents shall establish an agri- Experiment

o o station.

cultural experimental station in connection with the
department of agriculture of said college, appoint its
oflficers and prescribe such regulations for its manage-
ment as it may deem expedient. Said board of regents
may establish other departments of said college, and
provide courses of instruction therein, when those are,
in its judgment, required for the better carrying out
of the object of the college.

Sec. 194. The management of said college and ex- ^'^nlfft^tion
periment station, the care and preservation of all prop- aVe regents.
erty of which the institution shall become possessed,
the erection and construction of all buildings necessary
for the use of said college and station, and the dis-
bursement and expenditure of all money provided for
by this chapter, shall be vested in a board of five
regents, said five members of the board of regents shall
be appointed in the manner appointed by law; said
regents and their successors in office shall have the
right of causing all things to be done necessary to carry
out the provisions of this chapter. The board of regents
provided for in this chapter shall be appointed by the Appointment

J^ ^ r ir J and term

governor, by and with the consent of the senate, one°^°*''®-
for a term of two years, two for a term of four years,
and two for a term of six years ; and each regent shall,
before entering upon the discharge of his respective ;Pg°g^|g°*
duties as such, execute a good and sufficient bond to
the state of Washington, with two or more sufficient
sureties, residents of the state, in the penal sum of not
less than five thousand dollars ($5,000) each, condi-
tioned for the faithful performance of his duties as such
regent : Provided, That all appointments made to fill
vacancies caused by death, resignation or otherwise,
shall be for the unexpired term of the incumbent whose
place shall have become vacant. All other appoint-
ments made subsequent to the appointment of the first
board of regents provided for in this act, shall be for

102

CODE OF PUBLIC INSTRUCTION.

Three regents
from Eastern
Washingtou.

Orgafiiization
of board.

Bond, S40,000.

President of
college to be
secretary of
board.

Bond, $5,000.

Duties of
president
of the board.

Treasurer.

Secretary.

the term of six years and until the appointment and
qualification of a successor to each appointee : Provided
further, That at least three of the members of the board
of regents so appointed shall be residents of Eastern
Washington and one shall be a resident of Western
Washington: Provided further, That regents now serv-
ing upon such board shall continue as such during the
term for which they were respectively appointed.

Sec. 195. The board of regents of the agricultural
college, experiment station and school of science shall
meet and organize, by the election of its president and
treasurer from their own number, on the first Wednes-
day in April of each year. The person so elected as
treasurer shall, before entering upon the discharge of
his duties as such, execute a good and suflBcient bond
to the State of Washington with two or more sufficient
sureties, residents of the state, in the penal sum of not
less than forty thousand dollars ($40,000), conditioned
for the faithful performance of his duties as such treas-
urer, and that he will faithfully account for and pay
over to the person or persons entitled thereto all
moneys which shall come into his hands as such officer,
which bond shall be approved by the governor of the
state, and shall be filed with the secretary of state.
The president of the college shall be secretary of the
board of regents, and shall perform all the duties per-
taining to that office, but shall not have the right to
vote. The secretary shall in like manner as the treas-
urer give a bond in the penal sum of not less than five
thousand dollars ($5,000), conditioned for the faithful
performance of his duties as such officer.

Sec. 196. The president of said board shall be the
chief executive officer, shall preside at all meetings
thereof (except that in his absence the board may ap-
point a president pro tempore) and sign all instruments
required to be executed by said board. The treasurer
shall be the financial officer of said board, shall keep
a true account of all moneys received and expended by
him. The secretary shall be the recording officer of
said board, shall attest all instruments required to be

CODE OF PUBLIC INSTRUCTION. 103

signed by the president, and shall keep a true record
of all the proceedings of said board, and generally do
all other things required of him by said board.

Sec. 197. The regents shall have the power, and it ^®5i|^| ^^^''^
shall be their duty, to enact laws for the government
of said agricultural college, experiment station and
school of science : Provided, The board of regents
shall maintain at least one experimental station in the
western portion of the state.

Sec. 198. The board of regents shall direct the dis- ^eMra^i^con^"
position of any moneys belonging to or appropriated *^"°^ °"™'^^-
to the agricultural college, experiment station and
school of science, established by this act, and shall
make all rules and regulations necessary for the man-
agement of the same, adopt plans and specifications for
necessary buildings, and superintend the construction '

of said buildings, and fix the salaries of professors,
teachers and other employes, and tuition fees to be
charged in said college.

Sec. 199. The agricultural experiment station pro- ftatfon'^^'^'^
vided for in this act in connection with said agricul- by congresi.
tural college shall be under the direction of said board
of regents of said college for the purpose of conduct-
ing experiments in agriculture according to the terms
of section one (1) of an act of congress, approved
March 2, 1887, and entitled "An act to establish agri-
cultural experiment stations in connection with the
colleges established in the several states, under the pro-
visions of an act approved July 2, 1862, and of the
acts supplementary thereto." The said college and ex-
periment station shall be entitled to receive all the
benefits and donations made and given to similar in-
stitutions of learning in other states and territories of
the United States by the legislation of the congress of
the United States now in force, or that may be
enacted, and particularly to the benefits and donations
given by the provisions of an act of congress entitled
"An act donating public lands to the several states and
territories which may provide colleges for the benefit
of agriculture and mechanic arts," approved July 2,

104

CODE OF PUBLIC INSTRUCTION.

Assent to

congressional

requirements.

Meetings of
board of
regents.

Regents must
subscribe
to oath.

Expenses of
regents.

1862, and all acts supplementary thereto, including
the acts entitled "An act to establish agricultural ex-
periment stations in connection with colleges estab-
lished in the several cities under the provisions of an
act approved July 2, 1862, and of the acts supple-
mentary thereto," which said last entitled act was
approved March 2, 1887 ; also, "An act to apply a por-
tion of the proceeds of the public lands to the more
complete endowment and support of the colleges for
the benefit of agriculture and the mechanic arts, estab-
lished under the provisions of an act of congress ap-
proved July 2, 1862," which said last mentioned act
was approved August 30, 1890.

Sec. 200. The assent of the Legislature of the State
of Washington is hereby given, in pursuance of the
requirements of section nine (9) of said act of Con-
gress, approved March 2, 1887, to the granting of
money therein made to the establishment of experi-
ment stations in accordance with section one (1) of
said last mentioned act, and assent is hereby given to
carry out, within the State of Washington, every pro-
vision of said act.

Sec. 201. The meetings of the board of regents may
be called in such manner as the board maj^ prescribe,
and the majority of said board shall constitute a
quorum for the transaction of business ; but a less
number may adjourn from time to time. All meetings
of the said board may be held in the office of the col-
lege building. No vacancy in said board shall impair
the rights of the remaining board. A full meeting of
the board shall be called at least once a year.

Sec. 202. Each member of the board of regents
created by this chapter shall, before entering upon his
duties, take and subscribe an oath to discharge faith-
fully and honestly his duties in the premises, and to
perform strictly and impartially the same to the best
of his ability; said oath shall be filed with the Secre-
tary of State.

Sec. 203. The regents shall be allowed their actual
and necessary traveling expenses in going to and re-

CODE OP PUBLIC INSTRUCTION. X05

turning from all the necessary sessions of their board ;
and also their necessary expenses while in actual at-
tendance upon the same.

Sec. 204. The board of regents shall, on or before Biennial

° ' report.

the first day of November of each year, make a full
and true report in detail of all their acts and doings
during the previous year, their receipts and expendi-
tures, the exact status of their institution, and other
information they may deem proper and useful, or which
may be called for by the Governor, which said report
shall be made to the Governor, who shall transmit the
same to the succeeding session of the Legislature. A
copy of said report shall be furnished to the Superin-
tendent of Public Instruction.

Sec. 205. The treasurer of said board shall make S^funds^'^^'^*'
disbursements of the funds in his hands on the order
of the board, which order shall be countersigned by
the secretary of the board, and shall state on what ac-
count the disbursement is made.

Sec. 206. No employe or member of the board ^°iWtc^
created by this chapter shall be interested pecuniarily, fntCTestYn any
either directly or indirectly, in any contract for any ^o"^*^^^*^®-
building or improvement of said institution, or for the
furnishing of supplies for the same.

Sec. 207. The Governor of the state shall be ex officio S^omcTo mem-
advisory member of the board provided for in this '^^^ ^^ ^°^^*^'
chapter, but shall not have the right to vote, nor be
eligible to office therein.

Sec. 208. The board of regents are hereby em- Tue board may

o •/ grant degrees.

powered to grant the usual academic and honorary
degrees, and to issue diplomas therefor, upon the
recommendations made by the faculty.

Sec. 209. It shall be the duty of the board of regents supervise the

J o construction

herein provided for, as soon after their organization as provi^nts.
practicable, and as soon as there shall be an appropria-
tion therefor in the hands of the State Treasurer in
any amount sufficient to warrant the beginning the
erection of the several buildings herein provided for,
or any wing or section of the same, to enter into con-
tracts with one or more contractors for the erection

106 CODE OP PUBLIC INSTRUCTION.

and construction of such suitable buildings and im-
provements for the institution created by this chapter
as in their judgment shall be deemed best, or the funds
aforesaid shall warrant, all things considered ; such
contract or contracts to be let after open public notice
and competition under such regulations as shall be
established by said board to the person of persons who
offer to execute such work on the most advantageous
terms : Provided, That in all cases said board shall
Contractors to require from contractors a good and sufficient bond for

give Donds. ^ o

the faithful performance of the work, and the full pro-
tection of the state against mechanics' and other liens :
And provided further, That the board shall not have
the power to enter into any contract for the erection of
any buildings or improvements which shall bind said
board to pay out any sum of money in excess of the
amount provided for said purpose.

architects! Sec. 210. The board provided for in this chapter

shall have power in their discretion to employ skilled
architects and superintendents to prepare plans and
specifications, and to supervise the construction of any
of the buildings provided for in this chapter, and to fix
the compensation for such services subject to the pro-
visions and restrictions of this act.

to issue Sec. 211. Whenever there shall be any money in

warrants on -^ • t>

proper funds, the hauds of the State Treasurer to the credit of any
of the specific funds set apart for the institution created
by this chapter, deemed sufficient by the board to com-
mence the erection of any of the necessary buildings
or improvements, or to pay the necessary running or
other expenses of said institution, the State Auditor,
on the request in writing of said board, shall, and it is
hereby made his duty to draw his warrant in favor of
the treasurer of said board and upon the state treasury
against the specific fund belonging to said institution
in such sum, not exceeding the amount on hand in
such specific fund at such time as said board may deem
necessary : Provided, That said board shall draw said
money as it may be necessary to disburse the same.

CODE OP PUBLIC INSTRUCTION. 107

Chapter 3. — Normal Schools.

Sec. 212. The state normal school at Cheney, the
state normal school at New Whatcom, the state normal ^fift^^*®^"
school at Ellensburg, and such other state normal
schools as may hereafter be established, shall each be
under the management and control of a board of three
trustees, to be known as the "Board of trustees of the ytrP^^^*^®
state normal school at " At least two mem-
bers of each board of normal school trustees shall be '
residents of the county in which the school of which
they are trustees is situated, said trustees to be appointed
by the governor, by and with the advice and consent
of the senate.

Sec. 213. All trustees of the state normal schools Appointment

of trustees.

serving at the time of the passage of this act shall con-
tinue to hold their respective offices as such trustees
for the full term for which they were appointed ; and
thereafter all trustees shall be appointed for six years,
except in cases of appointments to fill vacancies, in
which cases the appointment shall be made for the un-
expired term of the trustees whose office has become
vacant. In case of the establishment of any additional Term of office,
state normal schools, unless otherwise expressly pro-
vided by law, the Governor shall appoint one trustee
for two years, one for four years and one for six years.

Sec. 214. Each board of normal school trustees shall Jiecf officers
elect one of its members chairman, and it shall elect a
clerk, who may or may not be a member of the board.
Each board shall have power to adopt by-laws for its ^y.faws!"
government and for the government of the school,
which by-laws shall not be inconsistent with the pro-
visions of this act, and to prescribe the duties of its
officers, committees and employes. A majority of the Quorum.
board shall constitute a quorum for the transaction of
all business.

Sec. 215. Each board of trustees shall have power, p^^YIJ^ ^""^
and it shall be its duty —

First: To elect a principal for such period as it may p^i^cfpai
determine, and to elect such other teachers and assist-
ants as the necessities of the school may require.

108

CODE OP PUBLIC INSTRUCTION.

To provide

a librarian.

To provide
text-boolss

To have charge
of erection
of buildings.

To audit
all accounts.

To provide
supplies.

Boarding
houses.

Meetings of
board.

Second : To provide a librarian for the school who
shall have charge of all books, maps, charts and ap-
paratus thereof, under such regulations as roay be pro-
vided by law or by the by-laws of the board of trustees ;
also to choose a janitor and such other employes as
may become necessary, and for good and lawful
reasons to discharge any or all such teachers and em-
ployes.

Third: To adopt and provide the necessary text-
books, and to provide books of reference for the use of
students and teachers, and to provide for the proper
care of the same.

Fourth: To have charge of the erection of all build-
ings pertaining to the school, unless otherwise
expressly provided, and to have the care and manage-
ment of all buildings and other property belonging to
the school.

Fifth: To audit all accounts against the school, and
to certify all bills, which may be allowed, to the State
Auditor, who shall draw warrants on the State Treas-
urer for such amounts as he shall find to have been
properly or legally allowed.

Sixth: To purchase all supplies for the use of the
school, to provide a library suited to its wants, to pro-
vide for lectures on subjects pertaining to education
and the art or science of teaching, and to do such
other things not forbidden by law as may become nec-
essary for the good of the school.

Sec. 216. Each board of normal school trustees shall
have power to establish and maintain a boarding house
or houses for the accommodation of students* to employ
a matron and such other assistance as may become
necessary to conduct the same, to make such rules for
its government and management as they may deem
necessary, and to charge such rates for board and
entertainment as will make such boarding house or
houses self-sustaining.

Sec. 217. Each board of normal school trustees shall
hold two regular or stated meetings each year, at such
times as may be provided in its by-laws, and such

CODE OF PUBLIC INSTRUCTION. 109

special meetings may be held as shall be deemed nec-
essary, such special meetings to be called by the chair-
man or by a majority of the board ; all meetings of the
boards shall be held in the city or town wherein their
respective schools are located.

Sec. 218. The principal of each state normal school Duties of

^ ^ principal.

shall have a general supervision of the school, shall see
that all laws and all rules of the boards of trustees are
observed and obeyed by teachers and students, that the
course or courses of study prescribed are faithfully pur-
sued, shall assign students to their proper classes or
grades, and unless otherwise specially provided, he
shall designate the work to be performed by each
teacher. He shall, at the close of each school year,
make a detailed annual report to the board of trustees,
containing a classified catalogue of all students that
have been enrolled during the year, and such other
information as he may deem advisable or as the board
may require, and it shall be his duty to superintend
the printing of the same. It shall also be his duty,
when required by the board of trustees, to attend A"end

^ -^ ' institutes.

county institutes and other educational gatherings, and
to lecture upon educational topics that are calculated to
enhance the interests of popular education or of his
school. The board of trustees shall audit and allow all au^^ed^®
his necessary expenses incurred in traveling.

Sec. 219. A model school or training department Model school,
shall be provided for each state normal school contem-
plated by this act, in which all students., before grad-
uation, shall have actual practice in teaching for not
less than twenty weeks under the supervision and ob-
servation of critic and training teachers. A manual •^^I'^sctioor*'^'
training department for each school under its control
shall also be provided, and a suitable teacher employed
for each.

Sec. 220. Every diploma of graduation from a state ^J^tiS^er*^
normal school or certificate issued therefrom shall be ^^^"®'^' ^°^-
signed by the president of the board of trustees, by the
principal and the heads of departments of the normal
school at which the holder graduated, and by the pres-

110 CODE OP PUBLIC INSTRUCTION.

ident of the State Board of Education ; and all diplomas
or certificates shall be stamped with the seal of the
State Board of Education. Every diploma and certifi-
cate shall specifically state what course of study the
holder has taken, and for what length of time said di-
ploma or certificate is valid as a certificate to teach in
the schools of this state.

toreiidintl. ^^^- 2'^-'- ^^ charge shall be made against any stu-
dent for tuition in any of the normal schools contem-
plated by this act : Provided, That said student is a
bona fide resident of this state ; but such student shall
be required, upon entrance into any of said schools, to
certify upon honor that it is his intention to pursue
the vocation of teaching. Students from other states

Tuition $100 to or territories may be granted scholarships which shall

non-residents, j & jr*

entitle them to complete any course of study prescribed
by the board of higher education in any state normal
school of this state upon the payment of one hundred
dollars each, which sum shall be placed to the credit of
the normal school which such student shall attend, and
shall be expended in the purchase of books or apparatus
for the benefit of such school. All students shall be re-
quired to furnish satisfactory evidence of good moral
character, and any student may be suspended or ex-
pelled from any state normal school contemplated by
this act, who is found to be immoral or who refuses to
comply with the rules and regulations for its govern-
ment.
Courses ot ggc. 222. (As amended by H. B. 472, Laws of 1899.)

The board of higher education shall prescribe the fol-
lowing courses of study which shall be uniform for all
state normal schools of the state : (1) An elementary
course of three years ; (2) An advanced course of two
years for those who have completed the elementary
course; (3) An advanced course of two years for grad-
uates from a four year high school accredited by the
board of higher education ; (4) An advanced course of
one year for graduates from colleges and universities.
A student who completes the elementary course shall
receive a certificate which shall entitle him to teach

CODE OF PUBLIC INSTRUCTION. HI

the common schools of the state for a period of five
years. A student who completes any advanced course ftildem,s'^°^
shall receive a diploma which shall entitle him to
teach in the common schools of the state for a period
of five years and upon satisfactory evidence of having
taught successfully for two years during the time for
which the diploma was issued, shall receive a life diplo-
ma issued by the state board of education. Graduates
from accredited high schools shall receive an elemen-
tary certificate after completing one year's work of the
advanced course : Provided, That no one shall receive
a diploma or certificate who has not been in attend-
ance one school year of forty weeks, and who has not
given evidence of ability to teach and govern a school
by not less than twenty weeks' practice teaching in the
training school : Provided further. That any of the fore-
going certificates or diplomas may be revoked by the
State Board of Education for incompetency, immorality
or unprofessional conduct. The board of higher edu-
cation shall also prescribe uniform rules and regula-
tions for admission to and graduation from the state
normal school : Provided, That a student shall pass the
examination required for a third grade teacher's certif-
icate before entering the second year of the elementary
course, and shall pass the examination required for a
second grade teacher's certificate before entering the
third year of the elementary course.

Sec. 223. (As amended by H. B. 472, Laws of 1899.)
The board of trustees shall provide out of funds appro- Textbooks.
priated for the purpose, such text books and supplies
as are needful for successfully carrying into effect the
course of study prescribed. Each student upon admis-
sion to the school may be required to pay into the li-
brary fund of the school a sum not to exceed $10.00,
one-half of which shall be applied to the support of the
general library and reading room, and the remaining
half shall be kept as indemnity for loss or damage of
books belonging to the school in the hands of the stu-
dent, and shall be returned to him after deducting such

112

CODE OF PUBLIC INSTRUCTION,

Requirements
for admission.

Annual
meeting of
principals.

Biennial
report.

Report con-
tains what.

Trustees shall
have no pecu-
niary interest
in any con-
tract.

amount which may be justly charged for any loss or
damage beyond reasonable wear.

Sec. 224. No person shall be admitted to any state
normal school as a student who has not attained the
age of sixteen years, if a male, or of fifteen years if a
female, nor until by an entrance examination or other-
wise he or she shall have established the fact that he
or she is qualified to enter some one of the grades or
courses of study provided for in the course of study.

Sec. 225. It shall be the duty of the principals of
the several state normal schools contemplated by this
act to meet once annually to consult with each other
relative to matters concerning their school work, and
to discuss methods of teaching and plans of manage-
ment.

Sec. 226. Each board of normal school trustees
shall biennially on or before the first day of October
next preceding each regular session of the state legis-
lature of this state, make, through its secretary, a re-
port to the Governor of the state, which report shall be
included with and constitute a part of the biennial re-
port of the Superintendent of Public Instruction.
Said normal school report shall embrace a statement
of the receipts and expenditures of the schools, and
the purpose for which all moneys have been expended ;
a classified catalogue of all students enrolled in each of
said schools ; a directory of all graduates of each school
properly classified ; the course or courses of study pur-
sued in the several schools, and such other information
as may be deemed advisable.

Sec. 227. No normal school trustee shall be awarded
any contract for the erection, repair or the furnishing
of any building belonging to any state normal school
contemplated by this act, nor for the furnishing of sup-
plies or materials for the same ; and no such trustee
shall act as agent for any publishing house proposing
to furnish books for such school. Any trustee who
shall violate any of the above named provisions shall,
upon conviction thereof, be fined in any sum not ex-

CODE OF PUBLIC INSTRUCTION. 113

ceeding five hundred dollars, and his office ' as such
trustee shall be declared vacant.

Chapter 4. — School for Defective Youth.

Sec. 228. The school for the education of the deaf, ^1™"^"
blind and feeble minded youth of the State of Wash-
ington, as heretofore located and maintained at Van-
couver, Clarke county, shall continue to be known as the
"Washington School for Defective Youth."

Sec. 229. Said school shall be free to all resident fent ymfth'"
youth in the State of Washington, who are too deaf,
blind, or feeble minded to be taught by ordinary
methods in other public schools: Provided, They are
free from vicious habits and from loathsome or conta-
gious diseases.

Sec. 230. Said school shall be under the manage- ??''^it^,T!^''^

o m Doard. oi

ment of a board of trustees, consisting of five persons ^®sents.
of good repute and learning, being citizens of the state,
nominated by the Governor, and confirmed by the
senate.

Sec. 231. After organization, as hereinafter pro- to have gen-

° ' ^ eral control.

vided, said board of trustees and their successors shall
have the management of real and personal property,
funds, financial business, and all general and public
interests of the school, with power to receive, hold,
manage, dispose of, and convey any and all real and
personal property made over to them by purchase, gift,
devise or bequest, and the proceeds and interest
thereof, for the use and benefit of the school.

Sec. 232. Vacancies in the board of trustees, occur- q^^°^^^^^^^
ring biennially by the expiration of the term or terms
of a member or members, shall be filled by nomination
by the Governor, at least five days before the adjourn-
ment of the legislature, of a trustee or trustees to be
confirmed by the senate, to serve for six years from Term of oface.
the first day of July following the date of his or their
confirmation, and until his or their successor or succes-
sors shall be appointed and confirmed.

Sec. 233. Vacancies in the board of trustees, caused vacancies.
by the death, resignation, departure from the State of

114

CODE OF PUBLIC INSTRUCTION.

Constitution
of board.

Official notice
of appoint-
ment.

Regular
meeting.

Treasurer'.s
bond.

Adopt bylaws,

Special
meetings.

Washington, or removal for cause of a member of the
board, shall be filled for the unexpired balance of the
term, by the appointment of a trustee by the Governor,
which appointment shall, at the session of the Legis-
lature held next thereafter, be submitted to the Senate
for confirmation.

Sec. 234. All appointments shall be such that the
board shall always contain at least one practical edu-
cator, one physician and one lawyer.

Sec. 235. Official notice of appointment shall be given
to each trustee, by the Secretary of State, within ten
da3''s from the date of the confirmation of said trustees
by the Senate.

Sec. 236. The regular annual meeting of the board of
trustees shall be held at the school on the last Wednes-
day of May in each year ; at which meeting a president,
a vice president and a treasurer shall be elected by
ballot from the board, and an auditor not of the board,
each to serve one year from the first day of July fol-
lowing, and one member of the executive committee to
serve three years from the first day of July following ;
and any other business proper to come before said
meeting may be transacted : Provided, That at the reg-
ular meeting to be held on the last Wednesday of May,
1897, the trustees shall elect a director of the school
not of their own number, who shall hold his office
until removed for cause as provided in this act.

Sec, 237. The treasurer of the board of trustees shall,
within thirty days from the date of his election, file
with the Secretary of the State of Washington a duly
executed and approved bond, in the sum of five thou-
sand dollars ($5,000), for the faithful performance of
his duties as treasurer, during his term of office.

Sec. 238. The board of trustees shall, at the time of
the first meeting above provided for, adopt suitable by-
laws for its own government in the transaction of
business.

Sec. 239. Special meetings of the board of trustees
'may be held at any time, on request of the exe'cutive
committee, and shall be held on the written request of

CODE OP PUBLIC INSTRUCTION. 115

any three trustees. The official notification of each
special meeting shall state the business to be transacted
at said meeting, and no business other than that so
stated shall be brought before said meeting.

Sec. 240. Three members of the board of trustees Quorum.
shall constitute a quorum for the transaction of busi-
ness.

Sec. 241. Official notice of each meeting of the board meetings.
of trustees shall be issued by the secretary to each
trustee, at least fifteen days before the date of such
meeting.

Sec. 242, The executive committee shall meet at the ^ommitt^e
school on the last Wednesdays of August, November, ™®®'^^'^^''-
February and May, in each school year, and at other
times as often as may be necessar}^ for the proper per-
formance of their duties.

Sec. 243. The executive committee, upon their visits Executive ''^^
to the school, shall inspect the real and personal prop- "^o^i^^ee.
erty of the school; shall purchase all supplies in the
manner authorized for the purchase of supplies for the
hospital for the insane ; shall examine the accounts,
bills and vouchers, and shall draw orders on the treas-
urer of the board for the payment of bills approved ;
and at suitable times shall submit the accounts to the
inspection of the auditor.

Sec. 244. No trustee shall, during his term of office, tohfve^no
have any direct or indirect personal interest in any fnterest'^m
contract, agreement or indebtedness on account of the '^^y°'^
school in any way.

Sec. 245. The financial and official year of the school omciaiyear.
shall begin on the first day of July, and end on the
thirtieth day of June, following.

Sec. 246. The regular term of school shall begin on Term of school.
the last Wednesday of August in each year, and end on
the last Wednesday of May following.

Sec. 247. At each regular session of the legislature feport.^^
of the State of Washington, the board of trustees shall
present to the governor, for transmission to the legis-
lature, a full report of the operations of the school dur-
ing the previous two school years, showing the amount,

116

CODE OF PUBLIC INSTRUCTION.

Director.

Duties of the
director.

Removal of
director.

Non-resident
pupils.

Duty of

district
school clerli.

County super-
intendent to
report.

condition and value of all real and personal property
of the school, receipts and expenditures of money, num-
ber of persons employed, and amount of salary paid to
each, and the number of pupils in attendance.

Sec. 248. The director of the school shall be a com-
petent expert educator of defective youth ; a hearing
man of sound learning and morals, not under thirty nor
over seventy years of age ; practically acquainted with
the school management and class instruction for the
deaf, blind and feeble minded. He shall reside in the
school and be furnished quarters, heat, light and food.

Sec. 249. The director shall be responsible for the
care of the premises and property of the school, selec-
tion and control of employes, regulation of the household,
discipline of the school, arrangement and execution of
a proper course of study, training of the pupils in
morals and manners, and the general oversight of all
internal affairs of the school, and shall lay before the
regular annual meeting of the board of trustees, on the
last Wednesday of May in each year, a full report of
the operation of the school during the previous school
year.

Sec. 250. The director may be removed at any time
by a three-fifths vote of the full board of trustees for
misconduct, incapacity, mismanagement, inefficiency
or immorality.

Sec. 251. Defective youth not residing in the state
shall be admitted on such terms and conditions as may
be prescribed by the board of trustees.

Sec. 252. It shall be the duty of the clerks of all
school districts in the State of Washington at the time
for making the annual reports to report to the school
superintendent of their respective counties the names
of all deaf, mute, blind or feeble minded youth resid-
ing within their respective districts who are between
the age of six and twenty-one years.

Sec. 253. It shall be the duty of each county school
superintendent to make a full and specific report of.
such defective youth to the county commissioners of
his county at the regular meeting of said commissioners

CODE OF PUBLIC INSTRUCTION. 117

held in August in each year. He shall also, at the
same time, transmit a duplicate copy of said report to
the director of the Washington school for defective
youth.

Sec. 254. It shall be the duty of the parents or the auSnce^
guardians of all such defective youth to send them each
year to the said state school for defective youth. The
county superintendent shall take all action necessary
to enforce this section of this act: Provided^ That if
satisfactory evidence shall be laid before the county
superintendent that any defective youth is being prop-
erly educated at home or in some suitable institution
other than the Washington school for defective youth,
the county superintendent shall take no other action
in such case further than to make a record of such
fact, and take such steps as may be necessary to satisfy
himself that said defective youth shall continue to re-
ceive a proper education.

Sec. 255. (As amended by H. B. 472, Laws of 1899.)
If it appears to the satisfaction of the county commis- ^efeotiv^e °^
sioners that the parents of any such defective youth y°"^^-
within their county are unable to bear the expense
of sending and returning them to said state school, it
shall then be the duty of the commissioners to send
and return them to and from said school or to maintain
them at said school during vacation at the expense of
the county.

Sec. 256. Any parent, guardian, school superin- Penalty.
tendent or county commissioner who shall, without a
proper cause, fail to carry into effect the provisions of
this act, shall be deemed guilty of a misdemeanor, and
upon conviction thereof, upon the complaint of any
officer or citizen of the county or state, before any jus-
tice of the peace or superior court, shall be fined in any
sum not less than fifty nor more than two hundred
dollars, in the discretion of the court.

TITLE v.— REPEALING AND EMERGENCY CLAUSES. •

Sec. 257. This act shall be known and cited as the f^^Pff^^°^
Code of Public Instruction of the State of Washington, school laws.

118 CODE OP PUBLIC INSTRUCTION.

and shall be construed as repealing chapter vi of title
in, chapter vii of title v, all of ti^le x except chapter
XVII thereof, chapter iv of title l, all being of volume
I of Hill's Annotated Statutes and Codes of Washing-
ton ; and also repealing all amendments thereto ; also
repealing an act entitled "An act concerning the for-
mation of new school districts, changing the bounda-
ries and transferring territory from one district to
another," approved March 9, 1893 ; also repealing an
act entitled "An act to provide for the management
and control of state normal schools in the State of
Washington," approved March 10, 1893, and all
amendments thereto ; also repealing an act entitled
"An act granting to school districts the right to pur-
chase school house sites of school lands belonging to
the State of Washington of not less than one acre and
not more than five acres, and granting to school dis-
tricts the preference right to purchase such sites, and
declaring an emergency," approved February 26,
1895; also repealing an act entitled "An act relating to
the indebtedness of school districts, providing means
and methods for paying and funding the same, and
means for validating the same or an}^ part thereof in-
curred in excess of one and one-half per centum of the
taxable property of the school district, without the as-
sent of three-fifths of the voters of the school district
voting at an election held for that purpose, and declar-
ing that an emergency exists for the taking effect of
this act on its passage and approval by the Governor,"
approved March 1, 1895; also repealing an act entitled
"An act to provide for the formation of joint school
districts, and to prescribe the minimum number of
school children required for the formation of new
school districts, and declaring an emergency," approved
March 13, 1895; also repealing an act entitled "An act
to authorize counties, cities, towns and school districts
.to provide temporary funds for current expenses in
anticipation of revenue," approved March 20, 1895.
Emergency. Sec. 258. Wlicreas, tliis act is amendatory of all

existing school laws, and is for the purpose of har-

REGISTRATION OF VOTERS. 119

monizing existing inconsistencies and unifying the
school laws of this state : therefore, an emergency is
declared to exist, and this act shall take effect and be
in force from and after its signature by the Governor
of this state.

REGISTRATION OF VOTERS IN SCHOOL ELECTIONS.

[Chapter xxxu, Session Laws of 1897.]

An Act to provide for the registration of voters in all school elec-
tions, in school districts having a population of ten thousand or
more inhabitants, and regulating elections in such districts.

Be it enacted by the Legislature of the State of Washington :

Section 1. No person shall vote at any school elec- women must

•^_ register.

tion, either general or special, to be held in any school
district in this state having a population of ten thou-
sand or more inhabitants, as shown by any regular or
special census, unless he or she shall have previously
complied with the requirements as to registration, as
in this act provided.

Sec. 2. The secretary of the board of education in foard^educa-
each district subject to the provisions of this act shall ister^voters^^'
keep the books of registration herein provided for, and
shall register therein the names of all duly qualified
voters in his district, on application, in the manner
and at the times herein specified.

Sec. 3. The board of education of each district sub- Board of

education to

iect to the provisions of this act, shall furnish the sec- furnish blanks

■' J^ ' and books

retary of such board, at the expense of the district, all expenses^^^
blanks and books of registration herein provided for,
within thirty days after this act shall become a law.
Thereafter, after each general election of members of
the board of education, the newly elected board shall
furnish to the secretary and cause to be opened new
books for the registration of voters. The boards of
education of each district shall furnish, at the expense
of their respective districts, all funds necessary for car-
rying out the provisions of this act.

Sec. 4. The books of registration shall be opened for Registration

^ ^ boolts open

the purposes of registration, at the office of the secre- ^^^^-

120

REGISTRATION OF VOTERS.

Notice to be
published
of closing
of books.

Registration
required but
once each year.

Prerequisites
to registration.

Registration
books.

Registration
districts.

tary of the board of the district, on each day between
the hours of 9 o'clock a. m. and 4 o'clock p. m., on each
day except legal holidays, and they shall be closed and
no names shall be registered therein during the five
days preceding any special election, and during the ten
days preceding any general election held in such dis-
trict. The secretary of the board shall give notice of
the closing of the books of registration in his district
by notice published in a newspaper of general circula-
tion, published in his district, at least ten days before
the day for closing said books.

Sec. 5. Registration shall not be required more than
once in each year. All persons, male or female, who
are qualified electors under the provision of this act,
shall be entitled to registration on application to the
secretary of the board of education of the district in
which they may reside : Provided, Such elector shall
have been a resident of the state for one year, of the
county ninety days, and of the voting precinct thirty
days prior to the next general or special school election
to be held in such district. No person shall vote at
any such election except in the precinct where he or
she has resided for the length of time above specified.

Sec. 6. There shall be provided by the board of edu-
cation in each district, and kept by the secretary of
such board, a separate book of registration for each
school election precinct in the district. Each ward in
any city within which the whole or any portion of a
school district may be situate, shall be a voting pre-
cinct for all general or special school elections. The
book of registration shall bear the name or number of
the precinct to which it belongs. In case the whole or
any portion of any such district shall lie without the
limits of any incorporated city, the board of education
of such district shall subdivide such outlying territory
into voting precincts, so that each precinct shall con-
tain as near as may be five hundred inhabitants, and
after the boundaries of such precincts shall have been
established, said territory shall not be redistricted
oftener than once in three years, and not then unless

REGISTRATION OF VOTERS. ]21

one or more of the precincts thereof shall have attained
a population of more than five hundred inhabitants.
In case the authorities of any city, within which the
whole or any portion of any district may lie, shall cause
the boundaries of the wards of such city to be changed
after the opening of the books of registration for the
school district, the voting precincts of such district
shall conform to the lines of the wards as established
when said books were opened until the next set of
books shall be opened, at which time said new books
and the voting precincts of such district shall conform
to the boundaries of the wards as then established.

Sec. 7. The books of registration aforesaid shall be ^01;^ of .

'=' registration

SO arranged as to admit the alphabetical classification I'^cord.
of the names of the voters, and ruled in parallel col-
umns with appropriate heads, as follows : Date of reg-
istration, name, age, occupation, place of residence,
place of birth, time of residence in the state, county
and precinct, and if of foreign birth, name and place of
court and date of declaration of intention to become a
citizen of the United States, or date of naturalization,
and with the column for signature and one for remarks,
and one column for checking the name of voter at the
time of voting. Under head of place of residence shall
be noted the number of lot and block, or number and
street where the applicant resides, or some other defi-
nite description sufficient to locate the residence, and
the voter so registering as provided in this section shall
sign his or her name on the registry opposite the en-
tries above required, in the column headed " Signa-
ture," and in case any voter shall not be capable of
writing his or her name he or she shall, on the left
hand margin of said column, make his or her mark by
cross or such other mark as is usual in indicating hi^
or her signature, and some person who is personally
known to said voter, and is personally known to the
registering officer, and who is capable of writing his or
her name, shall sign in said column immediately op-
posite said mark as an identifying witness thereto.
Sec. 8. No person shall be registered unless he or

122

REGISTRATION OF VOTERS.

Muwt register
in person.

Oath to be
taken.

Secretaries
empowered
to administer
oath.

Penalty for
false oath.

Change of resi
dence of regis-
tered voter.

she appears in person before the secretary of the board
of education in the district in which such elector re-
sides, during the hours the books are opened for regis-
tration, and answers truly the questions that may be
put to him or her touching his or her qualifications to
vote in such district, and shall also make and subscribe
the following oath ;
State of Washington, County of , ss.

I, , do solemnly swear (or affirm) that I am a legally

qualified school elector, under the laws of the State of Washington,
and that I have been an actual permanent resident of said state for

eleven months and twenty days last past, and of the co for

eighty days, last past, and the precinct twenty days last past,

and that I have not lost my civil rights by reason of being con-
victed of any infamous crime.

Subscribed and sworn to before me this day of

Said affidavit shall be filed and preserved by the
secretary of the board for at least two years.

Sec. 9. The secretaries of the boards of education
are hereby empowered to administer all necessary
oaths in examining applicants for registration, or any
witnesses that may be offered on behalf of any ap-
plicant. The said secretary shall examine carefully
any applicant whose right to register he may doubt, or
who may be challenged, and if the applicant shall be
entitled to vote at the next election he or she shall be
registered, otherwise not.

Sec. 10. If any person shall falsely swear or affirm
in taking the oath or making the affirmation herein
prescribed, or shall falsely personate another and pro-
cure the person so personated to be registered, or if
any person shall represent his name to the secretary
or officer of registration to be different from what it
actually is, and cause such name to be registered, or if
any person shall cause any name to be placed upon the
register list otherwise than in the manner provided
in this act, he or she shall be guilty of a felony, and
upon conviction be punished by confinement in the
penitentiary not more than five nor less than one year.

Sec. 11. If any elector shall, during the year for
which he or she may be registered, change his or her

REGISTRATION OF VOTERS. 123

place of residence from the precinct in which he or she
is registered, he or she shall apply to the secretary of
the board to have said removal noted. The secretary
shall run a red ink line across the name in the pre-
cinct book in which said applicant shall be registered,
and likewise note said removal in the column headed
" Remarks " in said book, and thereupon the said
secretary shall enter the name and re-register the
elector in the registration book of the ward to which
he or she has removed.

Sec. 12. Registration under the provisions of this
act shall be prima facie evidence of the right of the
elector to vote at any general or special school election and^meufod
held within the district during the year for which said ulde?.''^*^"'"^
elector is registered. If any person duly registered is
challenged, it shall be the duty of the judges of election
to examine the challenger and any witnesses that may
be produced onoaths, touching the right of such elector
to vote; the judges shall then, unless they dismiss
said challenge, examine the proposed elector on oath,
and if it appears that said elector is entitled to vote at
said election, his or her vote shall be received, other-
wise rejected. Any person swearing falsely before any
judge of election, on the hearing of any such challenge,
shall be deemed guilty of perjury, and shall be sub-
jected to the pains and penalties of perjury.

Sec. 13. The board of education in each district to Board to ap-
point election

which this act applies shall, at their last regular meet- oncers.
ing before any general or special school election to be
held in their district, appoint two judges of election
and one clerk for each voting precinct within such dis-
trict. Both the judges and the clerk shall be qualified
school electors in the precinct for which they are ap-
pointed.

Sec. 14. On the morning of any general or special feclSeUv-
school election the secretary of the board shall deliver ope'iectionf^
to the clerk of each voting precinct within his district,
the original book of registration of the precinct for
which such clerk was appointed. Each clerk of elec-
tion shall return the book of registration entrusted to

124 REGISTRATION OF VOTERS.

him to the secretary of the board at the time of the
delivery of the ballots cast in the precinct at such elec-
tion, and it shall be unlawful for any clerk or any
judge of election, to cause or allow any marks or alter-
ations to be made in said book while the same is in
their possession, other than a proper check mark when
a ballot is cast, to indicate the party voting.
^de^sJita^bie ^''^c. 15- The manner of voting at school elections
polling places, gj-jg^ji \)q h^q game as is now provided by law. The
board of education in each district shall provide suit-
able polling places, at a school house in each ward or
precinct, and if there is no school house in any ward
or precinct, then at some other suitable place in said
ward or precinct, to be designated by the board; but
no ward or precinct shall have more than one polling
place. The voting place in each ward or precinct shall
be named and designated by the board in the notice
calling such election.

Not to repeal ggc. 16. Nothing in this act contained shall be con-
act relating to °

OT mor°e. ■^^'"^^ struod as a repeal of an act entitled "An act to estab-
lish a system of common schools in cities of ten
thousand or more inhabitants, and to provide for
properly maintaining, governing and grading the
same," approved March 26, 1890, except in so far as
this act shall be in conflict therewith, but this act shall
be construed as amendatory and supplementary
thereto.

Passed the House February 9, 1897,
Passed the Senate February 25, 1897.
Approved by the Governor March 4, 1897.

COMPULSORY ATTENDANCE. 125

EELATING TO VIVISECTION AND DISSECTION.

[Chapter xvi, Session Laws of 1897.]

An Act to prevent vivisection and regulate dissection in the
schools of the State of Washington, except medical and dental
schools, or medical department of any school, and providing a
penalty therefor.

Be it enacted by the Legislature of the State of Washington :

Section 1. No teacher or other person employed in ^i^fl^gn'^
any school in the State of Washington, except medical
or dental school, or medical or dental department of
any school, shall practice vivisection upon any verte-
brate animal in the presence of any pupil in said
school, or any child or minor there present ; nor in
such presence shall exhibit any vertebrate animal
upon which vivisection has been practiced.

Sec. 2. Dissection of dead animals, or any portion
thereof, in the schools of the State of Washington, in
no instance shall be for the purpose of exhibition, but
in every case shall be confined to the class room and
the presence of those pupils engaged in the study to be
illustrated by such dissection.

Sec. 3. Any person violating the provisions of this pra'^cticing.^
act, shall be punished by a fine of not less than fifty nor
more than one hundred dollars.

Passed the House January 26, 1897.

Passed the Senate February 11, 1897.

Approved by the Governor February 17, 1897.

RELATING TO COMPULSORY ATTENDANCE.

[Chapter cxl, Session Laws of 1899.]

An Act providing for the compulsory attendance of children in
the public schools in cities of more than ten thousand inhabi-
tants.

Be it enacted by the Legislature of the State of Washington:

Section 1. Every person residing in a city contain- attendTcS)oi''
mg ten thousand or more inhabitants, having under months.
his control a child between the ages of seven and fif-

126

COMPULSORY ATTENDANCE.

Board of
directors may
approve cer-
tain private
schools.

Board must
appoint truant
officers.

teen years, shall annually cause such child to regularly
attend some public day school at least six full school
months, and for every neglect of such dut}^ the person
so offending shall be fined not exceeding twenty-five
dollars: Provided, lithe person so charged shall prove,
or shall present a certificate made by or under the di-
rection of the board of directors of the city wherein he
resides, setting forth that the child has attended for
the required time a private day school approved by the
board of directors of the city wherein such school is
located, or that the child has otherwise been furnished
for a like period of time with the means of education,
or has already attained a reasonable proficiency in the
common school branches of the first eight years as out-
lined in the course of study for the common schools of
the State of Washington, or that his phj^sical or men-
tal condition was such as to render his attendance
inexpedient or impracticable, or that the child for sat-
isfactory reasons has been excused from attending
school by the board of directors of the city in which
he resides, then such penalty shall not be incurred.

Sec. 2. For the purpose of this act the board of di-
rectors of the several cities shall approve a private
school only when the teaching therein is in the Eng-
lish language, and when they are satisfied that such
teaching is thorough and efticient and when the per-
sons in charge of said school shall keep the record of
attendance of the pupils thereof upon blanks provided
by the state for such purpose, and shall render the
board of directors of the city where such school is lo-
cated a detailed report of the attendance of any pupil
for any specified time : Provided, That the request for
such report be made in writing and sets forth that
such pupil is suspected of irregular attendance.

Sec. 3. The board of directors of each city shall an-
nually appoint one or more special officers, and fix their
compensation, who shall be truant officers and who
shall, under the direction of the board of directors, in-
quire into all cases arising under the provisions of this
act, or under any rules made in pursuance thereof, by

COMPULSORY ATTENDANCE 227

the board of directors by which such officers were ap-
pointed, and such officers shall have power and author-
ity in- case of the violation of any of the provisions of
this act to make complaint therefor to the superior
court as hereinafter provided; they shall also sue all
legal processes issued in pursuance of this act or of any
such rules, but shall not be entitled to receive fees for
such services.

Sec. 4. The secretary of the board of directors of the foard'^musf
several cities shall furnish the truant officers of their of^hndreTuot
respective cities the names of all children between the scho'ois!^^
ages of seven and fifteen which are found upon the
census rolls for the current year and are not enrolled
in any of the public day schools of the city, and it shall
be the duty. of the truant officers to ascertain in all
cases why such children are not attending school and
inquire into all cases of neglect of duty prescribed in
section one of this act, and such truant officers, or any
of them, shall, when so directed by the board of direc-
tors, proceed with the necessar}^ legal processes against
any person liable to the penalty provided for in sec-
tion one.

Sec. 5. No child under the age of fifteen years shall shaifno'tbe
be employed in any manufacturing, mechanical or mer- cmiin v^oca-
cantile establishment, or by any telegraph or telephone ^°^^'
company in this state, except during the vacations of
the public schools of the city in which such child re-
sides, unless, during the twelve months next preceding
such employment, he shall have attended school as
provided for in section one of this act, or has already
attained a reasonable proficiency in the common school
branches for the first eight years as outlined in the
course of study for common schools of the State of
Washington, or shall have been excused by the board
of directors of the city in which such child resides ;
nor shall such employment continue unless such child
shall attend school each year, or until he shall have
acquired the elementary branches of learning taught
in the public schools as above provided.

Sec. 6. No child under the age of fifteen years shall

128

COMPULSORY ATTENDANCE.

Certificate of
attendance at
school may
excuse child
from provi-
sions of Sec. 5.

Penalty for
violation of
Sees. 5 and 6.

Truant oflicer
must visit es-
tablishments
employing
children.

Shall demand
names of
children
employed.

Penalty for
employment
of child who
cannot write
name legibly.

be so employed who does not present a certificate made
by or under the direction of the board of directors of
the district in which such child resides, of his compli-
ance with the requirements of section five of this act;
and said certificate shall also give the place and date of
birth of such child as nearly accurate as may be ; and
every owner, superintendent or overseer of any estab-
lishment or company employing any such child shall
keep such certificate on file so long as such child is em-
ployed therein. The form of said certificate shall be
furnished by the Superintendent of Public Instruction.

Sec. 7. Every owner, superintendent or overseer of
any such establishment or company who employs or
permits to be employed any .child in violation of any
of the provisions of the two next preceding sections,
and every parent or guardian who permits such em-
ployment, shall be fined not exceeding twenty-five
dollars.

Sec. 8. The truant officers shall, at least once in every
school term, and as often as the board of directors shall
require, visit the establishments or companies employ-
ing such children in their respective cities, and ascer-
tain whether the provisions of the three next proceeding
sections hereof are duly observed, and report all viola-
tions thereof to the said board.

Sec. 9. The truant officers shall demand the names
of the children under fifteen years of age employed in
such establishments or companies in their respective
cities, and shall require the certificates of age and
school attendance prescribed in section six of this act,
to be produced for their inspection ; and a refusal to
produce such certificate shall be punished by a fine not
exceeding twenty-five dollars.

Sec. 10. Every owner, superintendent or overseer of
any such establishment or company who employs or
permits to be employed therein a child under sixteen
years of age who cannot write his name, age and place
of residence legibly, while the public schools in the city
where such child lives are in session, shall for every
such offense be fined not exceeding twenty-five dollars.

COMPULSORY ATTENDANCE. 129

Sec. 11. The board of directors of each school dis-
trict shall make all needful rules and provisions gov- ai^rlltml shaii
erning habitual truants and children who may be re|a?(Mng^^
found wandering about in the streets or public places '"^° '''
therein, having no lawful occupation or business, not
attending school, and shall make such rules as will be
most conducive to the welfare of such children in such
city ; and shall designate or provide suitable provisions
for the discipline and instruction of such children.

Sec. 12. The board of directors of each school dis- ^^aii make

report to State

trict under the provisions of this act shall annually re- |^uca°ion
port to the state board of education whether their
respective cities have made provisions required by this
act; and in case the said board of any city shall in any Penalty for

' J J J failure to

year refuse or neglect to comply with the provisions of ^^^^ report,
section three and section eleven of this act, or of either
of them, after having been duly notified by the superin-
tendent of public instruction, twenty-five per centum
of the money apportioned to such city from the state
for school purposes shall be withheld until the provis-
ions of said section three and section eleven of this act
have been complied with.

Sec. 13. All fines under the provisions of this act Fines to go

-^ _ into public

shall inure and be applied to the support of the public ^''^o^i ^"'^<^-
schools in the city where such offense was committed.

Sec. 14. The superior courts of the state shall have courts°have
jurisdiction in their respective counties of all cases jurisdiction.
arising under this act, and all rules passed in conform-
ity with this act.

Sec. 15. No officer performing any duty under any Q^°^®e iiawe^
of the provisions of this act, or under the provisions of accrual in--
any rules that may be passed in pursuance hereof, shall of du™^°°*^
not in anywise become liable for any costs that may
accrue in the performance of any duty.

Passed the House March 2, 1899.

Passed the Senate March 9, 1899.

Approved March 14, 1899.

To take effect June 14, 1899.
—9

130

GRAMMAR SCHOOL EXAMINERS.

PROVIDING FOR COUNTY BOARDS OF GRAMMAR SCHOOL
EXAMINERS.

[Chapter xlix, Session Laws of 1901.]

An Act providing for county boards of grammar school examin-
ers, prescribing manner of appointment, term of office, duties
and compensation of such boards.

Be it enacted by the Legislature of the State of Washington:
Section 1. The county superintendent of common
schools may, when in his judgment the interest of the
schools of the county demand it, appoint, for one year,
four persons who, with the county superintendent,
shall constitute a county board of examiners for the
examination of pupils of the common schools of the
county desiring grammar school certificates of gradua-
tion: Provided, That no person shall be eligible for
appointment as a member of said board who does not
at the time of his appointment hold a valid teacher's
certificate in full force and effect under the laws of the
State of Washington: Provided further, That the county
superintendent may appoint assistant examiners who
shall serve without pay.

Sec. 2. It shall be the duty of the said board of
grammar school examiners to meet at the county seat
at the call of the county superintendent for the purpose
of examining pupils desiring grammar school certifi-
cates of graduation, and of examining and grading
such manuscripts as may be on file in the county
superintendent's office, written by pupils under the
supervision of any assistant examiner. Such examina-
tion shall be conducted according to rules prescribed
by the Superintendent of Public Instruction, and no
other questions shall be used in said examinations
except those approved or furnished by him.

Compensation. Sec. 3. Couuty examiners appointed by the county
superintendent shall receive three. dollars per day for
the time actually employed in the examinations herein
provided for; such compensation shall be paid out of
the current expense fund of the county: Provided,

Proviso. That no examiner shall receive pay for attendance

Appointment
toy county su-
perintendent.

Board.

Proviso.

Proviso.

Duty of board.

Examination.

SCHOOL DISTRICTS. 13X

upon more than two meetings of said board in any one
year, nor for more than four days at any one of such
meetings.

Passed the House February 18, 1901.

Passed the Senate March 4, 1901.

Approved by the Governor, March 6, 1901.

AMENDING BALLINGER'S CODE RELATIVE TO SCHOOL
DISTRICTS.

[Chapter civ, Session Laws of 1901.]

An Act amending section 2394, Ballinger's Annotated Codes and
Statutes of the State of Washington, and declaring an emer-
gency.

Be it enacted by the Legislature of the State of Washington:

Section 1. That section 2394, Ballinger's Annotated Amendment.

Codes and Statutes of the State of Washington be and

the same is hereby amended to read as follows : " Sec.

2394. Whenever any school district in this state shall

have heretofore, under any of the acts of the territorial

or State Legislature now in force, issued anv bonds for Bonds here-

° ' "^ tofore issued.

the purchase of any school house site, or the building
of any school house, or the furnishing of the same, and
the amount of said bonds so issued and negotiated did
not, at the time of their issue, exceed the sum of five
per centum of the taxable property of the said school
district, it shall be lawful for the said school district to
issue and exchange its bonds at a rate of interest not ^f^^ondl^
greater than that borne by the original issue of bonds,
par for par, without any further vote of the school dis-
trict than that heretofore had or required by existing
law at the time of their issue, and said bonds, shall in
all respects, conform to and be governed by the other
provisions of this act: Provided, That in cities of ten fitiJso°fmore
thousand population or more, whenever any bonds *'^'^'^"^°'°°°'
issued under the provisions of this article shall reach
maturity and shall remain unpaid, the board of direc-
tors thereof shall have the power to fund the same by
issuing coupon bonds conformable to the requirements

132

TEACHERS' CONTRACTS.

Proviso.

Denomina-
tions.

Emergency.

of this act and exchanging the same par for par, for the
outstanding bonds as aforesaid, without any further vote
of the school district : Provided further , That such bonds
shall be issued in denominations of not less than one
hundred dollars nor more than bne thousand dollars,
shall be redeemable within twenty years from date of
issue, and shall draw a rate of interest not to exceed six
per centum per annum."

Sec. 2. An emergency exists and this act shall take
effect immediately.

Passed the Senate February 28, 1901.

Passed the House March 13, 1901.

Approved by the Governor March 16, 1901.

Wilful
violation, by
resignation.

Revocation of
certificate and
disqualifica-
tion.

Proviso.

RELATIVE TO VIOLATION OF CONTRACTS BY SCHOOL
TEACHERS.

[ Chapter cxxvi, Session Laws of 1901.]

An Act relating to school teachers who violate their contracts for

teaching.

Be it enacted by the Legislature of the State of Washington :

Section 1. All teachers in the public schools of this
state who shall willfuU}'- violate the terms of his or her
contract for teaching by resigning his or her position
as teacher without a written notice given to the school
board at least thirty days before the time when the res-
ignation shall take effect shall have his or her certifi-
cate revoked by the state school superintendent upon
due notice from the school board, and shall be disqual-
ified from teaching in the public schools of the state
for the remainder of the school year: Provided, That
sickness or other unavoidable circumstances which pre-
vent the teacher from teaching one month shall be suf-
ficient reason for the termination of the contract: And
provided further, That a school board may release a
teacher from a contract by mutual agreement.

Passed the House March 8, 1901.

Passed the Senate March 14, 1901.

Approved by the Governor March 16, 1901.

LIQUOR LICENSE FEES. 133

Sec. 2383, Ballinger's Code. — Except as otherwise
provided by law, all sums of money derived from fines fi^noielselgo
imposed for violations of orders of injunction, man- schofffund!
damus and other like writs, or for contempt of court,
and the clear proceeds of all fines collected within the
several counties of the state for breach of the penal rivedfromsaie
laws, and all funds arising from the sale of lost goods golSfo'leiierai
and estrays, and from penalties and forfeitures, shall
be paid over in cash by the person collecting the same
within twenty days after the collection, to the county
treasurer of the county in which the same have ac-
crued, and shall be by him transmitted to the State
Treasurer, who shall place the same to the credit of the
general school fund. He shall indicate in such entry
the source from which such money was derived. (Cf.
L. '90, p. 883, sec. 89; 1 H. C, sec. 820; L. '97, p. 400,
sec. 113).

Sec. 2933. Ballinger's Code. — The board of county
commissioners of each county in the State of Wash-
ington shall have the sole and exclusive authority and
power to regulate, restrain, license or prohibit the sale
or disposal of spirituous, fermented, malt, or other in-
toxicating liquors outside of the corporate limits of
each incorporated city, incorporated town, or incorpo-
rated village in their respective counties : Provided,
That the annual license fee for the sale of spirituous, ^oM^ys^de-°^
fermented, malt, or other intoxicating liquors shall, in uquo/Ifc'enses
no instance, be less than three hundred dollars or more IchooffmS!^^
than one thousand dollars, which said license fee shall
be paid annually in advance to the county treasurer,
who shall pay ten per cent, of the amount into the
general fund of the State Treasury, thirty-five per
cent, into the county school fund, and the remaining
fifty-five per cent, into the general county fund: Pro-
vided further, That no license shall be granted to sell
spirituous, fermented, malt, or other intoxicating li-
quors by said county commissioners within one mile
of the corporate limits of any incorporated city, town
or village. (L. '88, p. 124., Sec. 1 ; 1 H. C, Sec. 2808).

STATE CONSTITUTION— OFFICIAL OPINIONS AND
RULINGS ON QUESTIONS OF SCHOOL LAW-
FORMS FOR USE OF SCHOOL OFFICERS AND
TEACHERS.

CONSTITUTION, STATE OF WASHINGTON.

PREAMBLE.

WE, THE PEOPLE OF THE STATE OF WASHINGTON, GBATEFUL TO THE SUPREME
BtJLBR OF THE UNIVERSE FOB OUR LIBERTIES, DO ORDAIN THIS CONSTITUTION.

ARTICLE I. — DECLARATION OF RIGHTS.

n t. in th p

power.

Section 1. All political power is inherent in the Political

people, and governments derive their just powers from
the consent of the governed, and are established to
protect and maintain individual rights.

Sec. 2. The Constitution of the United States is the supreme law.
supreme law of the land.

Sec. 3. No person shall be deprived of life, liberty Rigiit of triai.
or property without due process of law.

Sec. 4. The right of petition, and of the people Rig>t of
peaceably to assemble for the common good, shall
never be abridged.

Sec. 5. Every person may freely speak, write and gulraiftlld^
publish on all subjects, being responsible for the abuse
of that right.

Sec. 6. The mode of administering an oath, or affir- administered.
mation, shall be such as may be most consistent with
and binding upon the conscience of the person to
whom such oath, or affirmation, may be administered.

Sec. 7. No person shall be disturbed in his private faS^^*^''"'''
affairs, or his home invaded, without authority of law.

Sec. 8. No law granting irrevocably any privilege,
franchise or immunity shall be passed by the legisla-
ture.

Sec. 9. No person shall be compelled in any criminal J^^^^^^if^^
case to give evidence against himself, or be twice put
in jeopardy for the same offense.

Sec. 10. Justice in all cases shall be administered
openly, and without unnecessary delay.

(137)

conviction.

138 STATE CONSTITUTION.

Sec. 11. Absolute freedom of conscience in all matters
Re^^^ious of religious sentiment, belief and worship, shall be
guaranteed to every individual, and no one shall be
molested or disturbed in person or property on account
of religion, but the liberty of conscience hereby secured
shall not be so construed as to excuse acts of licentious-
ness, or justify practices inconsistent with the peace
and safety of the state. No public money or property
shall be appropriated for or applied to any religious
worship, exercise or instruction, or the support of any
religious establishment. No religious qualification
shall be required for any public office or employment,
nor shall any person be incompetent as a witness or
juror in consequence of his opinion on matters of
religion, nor be questioned in any court of justice
touching his religious belief to effect the weight of his
testimony,
feges^^haunot ^^^- ^'^^ ^^ ^^^ shall be passed granting to any
be granted. citizen, class of citizcus, or corporation other than
municipal, privileges or immunities which upon the
same terms shall not equally belong to all citizens or
corporations.
writof habeas Sec. 13. The privilege of the writ of habeas corpus

corpus. r & f

shall not be suspended unless in case of rebellion or
invasion the public safety requires it.

Excessive bail. Sec. 14. Exccssivc bail shall not be required, exces-
sive fines imposed, nor cruel punishment inflicted.

Sec. 15. No conviction shall work corruption of
blood, nor forfeiture of estate.

Takingofpri- Sec. 16. Private property shall not be taken for

vate property. ± ± ./

private use, except for private ways of necessity, and
for drains, flumes or ditches on or across the lands of
others for agricultural, domestic or sanitary purposes.
No private property shall be taken or damaged for
public or private use without just compensation having
been first made, or paid into court for the owner, and
no right-of-way shall be appropriated to the use of any
corporation other than municipal, until full compen-
sation therefor be first made in money, or ascertained
and paid into the court for the owner, irrespective of

STATE CONSTITUTION. 139

any benefit from any improvement proposed by such
corporation, which compensation shall be ascertained
by a jury, unless a jury be waived as in other civil cases
in courts of record, in the manner prescribed by law.
Whenever an attempt is made to take private property
for a use alleged to be public, the question whether the
contemplated use be really public shall be a judicial
question, and determined as such without regard to
any legislative assertion that the use is public.

Sec. 17. There shall be no imprisonment for debt, SenfforTebt.
except in cases of absconding debtors.

Sec. 18. The military shall be in strict subordination ^^o^^^^ate
to the civil power.

Sec. 19. All elections shall be free and equal, and no mus't befree
power, civil or military, shall at any time interfere to '^'^'^ ®<i"'^i-
prevent the free exercise of the right of suffrage.

Sec. 20. All persons charged with crime shall be
bailable by suflicient sureties, except for capital offences,
when the proof is evident or the presumption great.

Sec. 21. The right of trial by jury shall remain in- by^ry. ^"'^
violate, but the legislature may provide for a jury of
any number less than twelve in courts not of record,
and for a verdict of nine or more jurors in civil cases
in any court of record, and for waiving of the jury in
civil cases where the consent of the parties interested
is given, thereto.

Sec. 22. In criminal prosecutions, the accused shall ^^ns^*tac*ou'rt.
have the right to appear and defend in person and by
counsel, to demand the nature and cause of the accu-
sation against him, to have a copy thereof, to testify
in his own behalf, to meet the witnesses against him
face to face, to have compulsory process to compel the
attendance of witnesses in his own behalf, to have a
speedy public trial by an impartial jury of the county
in which the offense is alleged to have been committed,
and the right to appeal in all cases ; and in no instance ^p|eaL*
shall any accused person before final judgment be com-
pelled to advance money or fees to secure the rights
herein guaranteed.

Sec. 23. No bill of attainder, ex post facto law, or law 1^^^°^* ^''''*°

140

STATE CONSTITUTION.

Right to bear
arms.

Prosecution by
information.

Grand jury.

Treason.

Constitution
mandatory.

Standing
army.

impairing the obligations of contracts shall ever be
passed.

Sec. 24. The right of the individual citizen to bear
arms in defense of himself or the state shall not be im-
paired, but nothing in this section shall be construed
as authorizing individuals or corporations to organize,
maintain or employ an armed body of men.

Sec. 25. Offenses heretofore required to be prose-
cuted by indictment may be prosecuted by information
or by indictment, as shall be prescribed by law.

Sec. 26. No grand jury shall be drawn or summoned
in any county, except the superior judge thereof shall
so order.

Sec. 27. Treason against the state shall consist only
in levying war against the state, or adhering to its en-
emies, or in giving them aid and comfort. No person
shall be convicted of treason unless on the testimony
of two witnesses to the same overt act, or confession in
open court.

Sec. 28. No hereditary emoluments, privileges or
powers shall be granted or conferred in this state.

Sec. 29. The provisions of this constitution are man-
datory unless by express words they are declared to be
otherwise.

Sec. 30. The enumeration in this constitution of cer-
tain rights shall not be construed to deny others re-
tained by the people.

Sec. 31. No standing army shall be kept up by this
state in time of peace, and no soldiers shall in time of
peace be quartered in any house without the consent
of its owner, nor in time of war except in the manner
prescribed by law.

Sec. 32. A frequent recurrence to fundamental prin-
ciples is essential to the security of individual right
and the perpetuity of free government.

ARTICLE 11.— LEGISLATIVE DEPARTMENT.

Legislature. SECTION 1. The legislative powers shall be vested in

a Senate and House of Representatives, which shall be
called the Legislature of the State of Washington.

STATE CONSTITUTION. 141

Sec. 2. The House of Representatives shall be com-
posed of not less than sixty-three nor more than ninety- Limited

-■- _ "^ "^ membersliip.

nine members. The number of senators shall not be
more than one-half nor less than one-third of the num-
ber of members of the House of Representatives. The
first Legislature shall be composed of seventy members
of the House of Representatives and thirty-five Sena-
tors.

Sec, 3. The Legislature shall provide by law for an state census.
enumeration of the inhabitants of the statie in the year
one thousand eight hundred and ninety-five, and every
ten years thereafter ; and at the first session after such
enumeration, and also after each enumeration made by
the authority of the United States, the Legislature shall
apportion and district anew the members of the Senate
and House of Reprsentatives, according to the number
of inhabitants, excluding Indians not taxed, soldiers,
sailors and officers of the United States army and navy
in active service.

Sec. 4. Members of the House of Representatives of r|present°°
shall be elected in the year eighteen hundred and eighty- '^*^'^®^-
nine, at the time and in the manner provided by this
constitution, and shall hold their offices for the term of offlce!^^°^
one year and until their successors shall be elected.

Sec. 5. The next election of the members of the second and

subsequent

House of Representatives after the adoption of this elections.
constitution shall be on the first Tuesday after the first
Monday of November,, eighteen hundred and ninety,
and thereafter members of the House of Representa-
tives shall be elected biennially, and their term of
office shall be two years ; and each election shall be on
the first Tuesday after the first Monday in November,
unless otherwise changed by law.

Sec. 6. After the first election the senators shall be Election of

state senators.

elected by single districts of convenient and contiguous
territory at the same time and in the same manner as
members of the House of Representatives are required
to be elected, and no representative district shall be
divided in the formation of a senatorial district. They
shall be elected for the term of four years, one-half of

142

STATE CONSTITUTION.

Eligibility.

Election
returns.

Quorum.

Rules.

their number retiring every two years. The senatorial
districts shall be numbered consecutively, and the
senators chosen at the first election had by virtue of
this constitution, in odd numbered districts, shall go
out of office at the end of the first year, and the Senators
elected in the even numbered districts shall go out
of office at the end of the third year.

Sec. 7. No person shall be eligible to the Legislature
who shall not be a citizen of the United States and a
qualified voter in the district for which he is chosen.

Sec. 8. Each House shall be the judge of the elec-
tion, returns, and qualifications of its own members,
and a majority of each House shall constitute a quorum
to do business, but a smaller number may adjourn
from day to day and may compel the attendance of
absent members in such manner and under such
penalties as each House may provide.

Sec. 9. Each House may determine the rules of its
own proceedings, punish for contempt and disorderly
behavior, and, with the concurrence of two-thirds of
all the members elected, expel a member, but no mem-
ber shall be expelled a second time for the same
offense.

Sec. 10. Each House shall elect its own officers, and
when the Lieutenant Governor shall not attend as
president, or shall act as Governor, the Senate shall
chose a temporary president. When presiding, the
Lieutenant Governor shall have the deciding vote in
case of an equal division of the Senate.

Sec. 11. Each House shall keep a journal of its pro-
ceedings and publish the same, except such parts as
require secrecy. The doors of each House shall be
kept open, except when the public welfare shall require
secrecy. Neither House shall adjourn for more than
Adjournment, thrcc days, uor to any place other than that in which
they may be sitting, without the consent of the other.

Sec. 12. The first Legislature shall meet on the first
Wednesday after the first Monday in November, A. D.
1889. The second Legislature shall meet on the first
Wednesday after the first Monday in January, A. D.

Officers of
each house

Journal.

Meetings of
the Legis-
lature.

STATE CONSTITUTION. 143

1891, and sessions of the Legislature will be held
biennially thereafter, unless specially convened by the
Governor, but the times of meeting of subsequent ses-
sions may be changed by -the Legislature. After the^imitof

■^ o ^ o session.

first Legislature the sessions shall not be more than
sixty days.

Sec. 13. No member of the Legislature, during the of mImSto
term for which he is elected, shall be appointed or ^^^'^^^^^ Q*^^^*^-
elected to any civil office in the state, which shall have
been created, or the emoluments of which shall have
been increased, during the term for which he was
elected.

Sec. 14. No person, being a member of Congress, or wii9are

r ' ts to ' ineligible to

holding any civil or military office under the United ^|'^^j|^J.^J^,|p i"^
States or any other power, shall be eligible to be a
member of the Legislature; and if any person after his
election as a member of the Legislature shall be elected
to Congress or be appointed to any other office, civil or
military, under the government of the United States,
or any other power, his acceptance thereof shall vacate '
his seat : Provided, That officers in the militia of the
state who receive no annual salary, local officers and
postmasters, whose compensation does not exceed three
hundred dollars per annum, shall not be ineligible.

Sec. 15. The Governor shall issue writs of election vacancies.
to fill such vacancies as may occur in either house of
the Legislature.

Sec. 16. Members of the Legislature shall be privi- immunity

^ ^ from arrest.

leged from arrest in all cases except treason, felony and
breach of the peace ; they shall not be subject to any
civil process during the session of the Legislature, nor
for fifteen days next before the commencement of each
session.

Sec. 17. No member of the Legislature shall be Free speech.
liable in any civil action or criminal prosecution what-
ever for words spoken in debate.

Sec. 18. The style of the laws of the state shall be: style of laws.
"Be it enacted by the Legislature of the State of Wash-
ington." And no law shall be enacted except by bill.

144

STATE CONSTITUTION.

But one sub-
ject in bill.

Either house
may amend.

Yeas and nays.

Yeas and nays
in passage of
bill.

Compensation
of members.

Lottery.-
Divorce.

Extra com-
pensation
forbidden.

Suit against
state.

Private laws
forbidden in
certain cases.

Sec. 19. No bill shall embrace more than one sub-
ject, and that shall be expressed in the title.

Sec. 20. Any bill may originate in either house of
the Legislature, and a bill passed by one house may be
amended in the other.

Sec. 21. The yeas and nays of the members of
either house shall be entered on the journal on the de-
mand of one-sixth of the members present.

Sec. 22. No bill shall become a law unless on its
final passage the vote be taken by yeas and nays, the
names of the members voting for and against the same
be entered on the journal of each house, and a major-
ity of the members elected to each house be recorded
thereon as voting in its favor.

Sec. 23. Each member of the Legislature shall receive
for his services five dollars for each day's attendance
during the session, and ten cents for every mile he
shall travel in going to and returning from the place
of meeting of the Legislature, on the most usual route.

Sec. 24. The Legislature shall never authorize any
lottery or grant any divorce.

Sec. 25. The Legislature shall never grant any extra
compensation to any public officer, agent, servant or
contractor after the services shall have been rendered
or the contract entered into, nor shall the compensa-
tion of any public officer be increased or diminished
during his term of office.

Sec. 26. The Legislature shall direct by law in what
manner and in what courts suits may be brought
against the state.

Sec. 27. In all elections by the Legislature the mem-
bers shall vote viva voce, and their votes shall be en-
tered on the journal.

SPECIAL LEGISLATION.

Sec. 28. The Legislature is prohibited from enacting
any private or special law in the following cases :

1. For changing the names of persons, or constitut-
ing one person the heir at law of another.

2. For laying out, opening or altering highways, ex-
cept in cases of state roads extending into more than

STATE CONSTITUTION. 145

one county, and military roads to aid in the construc-
tion of which lands shall have been or may be granted
by Congress.

3. For authorizing persons to keep ferries wholly
within this state.

4. For authorizing the sale or mortgage of real or
personal property of minors, or others under disability.

5. For assessment or collection of taxes, or for ex-
tending the time for collection thereof.

6. For granting corporate powers or privileges.

7. For authorizing the apportionment of any part of
the school fund.

8. For incorporating any town or village, or to
amend the charter thereof.

9. [From] giving effect to invalid deeds, wills or
other instruments.

10. Releasing or extinguishing, in whole or in part,
the indebtedness, liability or other obligation of any
person or corporation to this state, or to any municipal
corporation therein.

11. Declaring any person of age, or authorizing any
minor to sell, lease or encumber his or her property.

12. Legalizing, except as against the state, the unau-
thorized or invalid act of any officer.

13. Regulating the rates of interest on money.

14. Remitting fines, penalties or forfeitures.

15. Providing for the management of common
schools.

16. Authorizing the adoption of children.

17. For limitation of civil or criminal action.

18. Changing county lines, locating or changing
county seats : Provided, This shall not be construed to
apply to the creation of new counties.

Sec. 29. After the first day of January, eighteen Labor of

^ _ .y ' o convicts.

hundred and ninety, the labor of convicts of this state
shall not be let out by contract to any person, copart-
nership, company or corporation, and the Legislature
shall by law provide for the working of convicts for the
benefit of the state.
—10

146 STATE CONSTITUTION.

Sec. 30. The offense of corrupt solicitation of mem-
corrupt bers of the Legislature, or of public officers of the state

solicitation. » ^

or any municipal division thereof, and any occupation
or practice of solicitation of such members or officers
to influence their official action, shall be defined by
law, and shall be punished by fine and imprisonment.
Any person may be compelled to testify in any lawful
investigation or judicial proceeding against any person
who may be charged with having committed the offense
of bribery or corrupt solicitation, or practice of solici-
tation, and shall not be permitted to withhold his tes-
timony on the ground that it ma}^ criminate himself
or subject him to public infamy, but such testimony
shall not afterwards be used against him in an}^ judi-
cial proceeding — except for perjury in giving such
testimony — and any person convicted of either of the
offenses aforesaid, shall, as part of the punishment
therefor, be disqualified from ever holding any position
of honor, trust or profit in this state. A member who
noTvotrin^^^^ ^^^ ^ private interest in any bill or measure proposed
certain cases. ^^ pending before the Legislature shall disclose the
fact to the house of which he is a member, and shall
not vote thereon.
^ffe'^twhe^n ^®^- ^^- "^^ ^^^^ exccpt appropriation bills, shall

take effect until ninety days after the adjournment of
the session at which it was enacted, unless in case of
an emergency (which emergency must be expressed in
the preamble or in the body of the act) the Legislature
shall otherwise direct by vote of two-thirds of all the
members elected to each house ; said vote to be taken
by yeas and nays and entered on the journals.
offlcereto ^^^- 32. No bill shall become a law until the same

sign bill. shall have been signed by the presiding officer of each

of the two houses in open session, and under such
rules as the Legislature shall prescribe.
oAands^fe Sec. 33. The ownership of land by aliens, other than

aliens. thosc wlio ill good faith have declared their intention

to become citizens of the United States, is prohibited
in this state, except where acquired by inheritance,
under mortgage or in good faith in the ordinary course

STATE CONSTITUTION. I47

of justice in the collection of debts; and all conveyances
of lands hereafter made to any alien directl}^ or in
trust for such alien, shall be void : Provided, That the
provisions of this section shall not apply to lands con-
taining valuable deposits of minerals, metals, iron, coal
or fire clay, and the necessary land for mills and
machinery to be used in the development thereof and
the manufacture of the products therefrom. Every
corporation, the majority of the capital stock of which
is owned by aliens, shall be considered an alien for the
purpose of this prohibition.

Sec. 34. There shall be established in the office of bureau of

statistics.

the Secretary of State, a bureau of statistics, agriculture
and immigration, under such regulations as the Legis-
lature may provide.

Sec. 35. The Legislature shall pass necessary laws Laws relating

. to mines and

for the protection of persons working in mines, factories factories.
and other employment dangerous to life and deleterious
to health ; and fix pains and penalties for the enforce-
ment of same.

Sec. 36. No bill shall be considered in either house oSumfted.
unless the time of its introduction shall have been at
least ten days before the final adjournment of the
Legislature, unless the Legislature shall otherwise direct
by a vote of two-thirds of all the members elected to
each house, said vote to be taken by yeas and nays and
entered upon the journal, or unless the same be at a
special session.

Sec. 37. No act shall ever be revised or amended by Amending

•^ laws.

mere reference to its title, but the act revised or the
section amended shall be set forth at full length.

Sec. 38. No amendment to any bill shall be allowed Amendment

'' . to bills.

which shall change the scope or object of the bill.

Sec. 39. It shall not be lawful for any person hold- ^^wdden.
ing public office in this state to accept or use a pass or
to purchase transportation from any railroad or other
corporation, other than as the same may be purchased
by the general public, and the Legislature may pass
laws to enforce this provision.

148

STATE CONSTITUTION.

Executive de-
partment con-
sists of whom.

Governor.

Tenure of
oface.

Other offlcers.

Tenure of
office.

Election of
executive
officers. —
Returns.

Certificate
of election.

Contested
elections.

Duties of
Governor.

ARTICLE III. — THE EXECUTIVE.

Section 1. The executive department shall consist
of a Governor, Lieutenant Governor, Secretary of
State, Treasurer, Auditor, Attorney General, Superin-
tendent of Public Instruction, and a Commissioner of
Public Lands, who shall be severally chosen by the
qualified electors of the state at the same time and
place of voting as for the members of the Legislature.

Sec. 2. The supreme executive power of this state
shall be vested in a Governor, who shall hold his office
for a term of four years, and until his successor is
elected and qualified.

Sec. 3. The Lieutenant Governor, Secretary of State,
Treasurer, Auditor, Attorney General, Superintendent
of Public Listruction, and Commissioner of Public
Lands, shall hold their offices for four years, respec-
tively, and until their successors are elected and quali-
fied.

Sec. 4. The returns of every election for the officers
named in the first section of this article shall be sealed
up and transmitted to the seat of government by the
returning officers, directed to the Secretary of State,
who shall deliver the same to the speaker of the House
of Pepresentatives at the first meeting of the House
thereafter, who shall open, publish and declare the re-
sult thereof in the presence of a majority of the mem-
bers of both houses. The person having the highest
number of votes shall be declared duly elected, and a
certificate thereof shall be given to such person, signed
by the presiding officers of both houses ; but if an}^
two or more shall be highest and equal in votes for the
same office, one of them shall be chosen by the joint
vote of both houses. Contested elections for such
officers shall be decided by the Legislature in such
manner as shall be decided by law. The terms of all
officers named in section one of this article shall
commence on the second Monday in January after
their election, until otherwise provided by law.

Sec. 5. The Governor may require information in
writing from the officers of the state upon any subject

STATE CONSTITUTION. I49

relating to the duties of their respective offices, and
shall see that the laws are faithfully executed.

Sec. 6. He shall communicate at every session by Message,
message to the Legislature the condition of the affairs
of the state, and recomniend such measures as he shall
deem expedient for their action.

Sec. 7. He may, on extraordinary occasions, convene Lejis^iatureln
the Legislature by proclamation, in which shall be ^^*^^ ^®®^^°'^-
stated the purposes for which the Legislature is con-
vened.

Sec. 8. He shall be commander-in-chief of the mill- commander-

m-chief.

tary in the state except when they shall be called into
the service of the United States.

Sec. 9. The pardoning power shall be vested in the ^^1^^°^^^^
Governor under such regulations and restrictions as
may be prescribed by law.

Sec. 10. In case of the removal, resignation, death Duties shaii

' ° devolve on

or disability of the Governor, the duties^ of the office Qov'^rn^'^*
shall devolve upon the Lieutenant Governor, and in case ^^*^°-
of a vacancy in both the offices of Governor and Lieu-
tenant Governor, the duties of Governor shall devolve
upon the Secretary of State, who shall act as Governor
until the disability be removed or a Governor be elected.

Sec. 11. The Governor shall have power to remit marremit
fines and forfeitures, under such regulations as may
be prescribed by law, and shall report to the Legisla-
ture at its next meeting each case of reprieve, commu-
tation, or pardon granted, and the reasons for granting
the same, and also the names of all persons in whose
favor remission of fines and forfeitures shall have been
made, and the several amounts remitted and the rea-
sons for the remission.

Sec. 12. Every act which shall have passed the Leg- Qo^'emorm
islature shall be, before it becomes a law, presented to enlctment of
the Governor. If he approves, he shall sign it; but if i^^s.-vetoes.
not, he shall return it, with his objections, to that
house in which it shall have originated, which house
shall enter the objections at large upon the journal
and proceed to reconsider. If, after such reconsidera-
tion, two-thirds of the members present shall agree to

150 STATE CONSTITUTION.

pass the bill, it shall be sent, together with the objec-
tions, to the other house, by which it shall likewise be
reconsidered, and if approved by two-thirds of the
members present, it shall become a law ; but in all
such cases the vote of both houses shall be determined
by the yeas and nays and the names of the members
voting for or against the bill shall be entered upon the
journal of each house respectively. If any bill shall
not be returned by the Governor within five days,
Sunday excepted, after it shall be presented to him, it
shall become a law without his signature, unless the
general adjournment shall prevent its return, in which
case it shall become a law unless the Governor within
ten days next after the adjournment, Sundays excepted,
shall file such bill, with his objections thereto, in the
office of Secretary of State, who shall lay the same be-
fore the Legislature at its next session in like manner
as if it had J^een returned by the Governor. If any

OT^mOTeuems bill presented to the Governor contain several sections
or items, he may object to one or more sections or
items while approving other portions of the bill. In
such case he shall append to the bill, at the time of
signing it, a statement of the section or sections, item
or items to which he objects and the reasons therefor
and the section or sections, item or items, so objected
to shall not take effect unless passed over the Gov-
ernor's objection as hereinbefore provided.

byappofnt"^^ Sec. 13. When, during a recess of the Legislature, a

^^^^' vacancy shall happen in any office, the appointment to

which is vested in the Legislature, or when at any time
a vacancy shall have occurred in any other state office,
for the filling of which vacancy no provision is made
elsewhere in this constitution, the Governor shall fill
such vacancy by appointment, which shall expire when
a successor shall have been elected and qualified.

Governor. Sec. 14. The govemor shall receive an annual salary

of four thousand dollars, which may be increased by
law, but shall never exceed six thousand dollars per
annum.

Sec. 15. All commissions shall issue in the name of

STATE CONSTITUTION. ]51

the state, shall be signed by the Governor, sealed with •^gue'^an
the seal of the state, and attested by the Secretary of '^o^^^ii^sions.
State.

Sec. 16. The Lieutenant governor shall be presiding Lieutenant
officer of the. State Senate, and shall discharge such '^°'^^^^°^-
other duties as may be prescribed by law. He shall
receive an annual salary of one thousand dollars, which salary.
may be increased by the Legislature, but shall never
exceed three thousand dollars per annum.

Sec. 1.7. The Secretary of State shall keep a record ?etaiTo°Sto?e.
of the official acts of the Legislature and executive de-
partment of the state, and shall, when required, lay
the same and all other matters relative thereto before
either branch of the Legislature, and shall perform
such other duties as shall be assigned him by law.
He shall receive an annual salary of twenty-five hun- salary.
dred dollars, which may be increased by the Legisla-
ture, but shall never exceed three thousand dollars per
annum.

Sec. 18. There shall be a seal of the state kept by ftate seal^
the Secretary of State for official purposes, which shall
be called "The Seal of the State of Washington."

Sec. 19. The treasurer shall perform such duties as ?reilurer^*^*^
shall be prescribed by law. He shall receive an annual
salary of two thousand dollars, which may be increased salary.
by the Legislature, but shall never exceed four thousand
dollars per annum.

Sec. 20. The auditor shall be auditor of public ac- stateAuditor.
counts, and shall have such powers and perform such
duties in connection therewith as may be prescribed
by law. He shall receive an annual salary of two salary.
thousand dollars, which may be increased by the Legis-
lature, but shall never exceed three thousand dollars
per annum.

Sec. 21. The Attorney General shall be the legal Attorney
advisor of the state officers, and shall perform such ^^^^"^ '
other duties as may be prescribed by law. He shall
receive an annual salary of two thousand dollars, which salary,
may be increased by the Legislature, but shall never
exceed thirty-five hundred dollars per annum.

152

STATE CONSTITUTION.

Duties of Su-
perintendent
of Public
Instruction.

Salary.

Land Com-
missioner.

Certain offlces
to be kept at
capital.

Eligibility to
state office.

Certain offlces
may be
abolished.

Supreme
Court.

Inferior
courts.

Supreme Court
consists of
whom.

Sec. 22. The Superintendent of Public Instruction
shall have supervision over all rdatters pertaining to
public schools, and shall perform such specific duties
as may be prescribed by law. He shall receive an an-
nual salary of twenty-five hundred dollars, which may
be increased by law, but shall never exceed four thou-
sand dollars per annum.

Sec. 23. The Commissioner of Public Lands shall
perform such duties and receive such compensation as
the Legislature may direct.

Sec. 24. The Governor, Secretary of State, Treasurer,
Auditor, Superintendent of Public Instruction, Com-
missioner of Public Lands and Attorney General shall
severally keep the public records, books and papers re-
lating to their respective offices, at the seat of govern-
ment, at which place also the Governor, Secretary of
State, Treasurer and Auditor shall reside.

Sec. 25. No person, except a citizen of the United
States and a qualified elector of this state, shall be
eligible to hold any state office, and the State Treasurer
shall be ineligible for the term succeeding that for
which he was elected. The compensation of state
officers shall not be increased or diminished during
the term for which they shall have been elected. The
Legislature may, in its discretion, abolish the offices of
Lieutenant Governor, Auditor and Commissioner of
Public Lands.

ARTICLE IV. — THE JUDICIARY.

Section 1. The judicial power of the state shall be
vested in a Supreme Court, Superior Courts, justices of
the peace, and such inferior courts as the Legislature
may provide.

Sec. 2. The Supreme Court shall consist of five
judges, a majority of whom shall be necessary to form
a quorum and pronounce a decision. The said court
shall always be open for the transaction of business
except on non-judicial days. In the determination of
causes, all decisions of the court shall be given in
writing, and the grounds of the decision shall be stated.
The Legislature may increase the number of judges of

STATE CONSTITUTION. 153

the Supreme Court from time to time, and may pro-
vide for separate departments of said court.

Sec. 3. The judges of the Supreme Court shall be fu^es"^
elected by the qualified electors of the state at large, ^^^'^^'^°^-
at the general state election, at the times and places at
which state officers are elected, unless some other time
be provided by the Legislature. The first election of
judges of the Supreme Court shall be at the election
which shall be held upon the adoption of this constitu-
tion, and the judges elected thereat shall be classified,
by lot, so that two shall hold their office for the term of of^omcfe,
three years, two for a term of five years, and one for
the term of seven years. The lot shall be drawn by
the judges, who shall for that purpose assemble at the
seat of government, and they shall cause the result
thereof to be certified to the Secretary of State, and
filed in his office. The judge having the shortest term cMef justice.
to serve, not holding his office by appointment or
election to fill a vacancy, shall be the chief justice, and
shall preside at all sessions of the Supreme Court, and
in case there shall be two judges having in like man-
ner the same short term, the other judges of the Su-
preme Court shall determine which of them shall be
chief justice. In case of the absence of the chief jus-
tice, the judge having in like manner the shortest or
next shortest term to serve shall preside. After the
first election the terms of judges elected shall be six
years from and after the second Monday in January
next succeeding their election. If a vacancy occur in yacancy

o '^ how filled.

the office of a judge of the Supreme Court, the Gover-
nor shall appoint a person to hold the office until the
election and qualification of a judge to fill the vacancy,
which election shall take place at the next succeeding
general election, and the judge so elected shall hold
the office for the remainder of the unexpired term.
The term of office of the judges of the Supreme Court,
first elected, shall commence as soon as the state shall
have been admitted into the Union, and continue for
the term herein provided, and until their successors
are elected and qualified. The sessions of the Supreme

154

STATE CONSTITUTION.

Jurisdiction
of Supreme
Court.

Powers of
judges.

Superior
Courts.

Court shall be held at the seat of government until
otherwise provided by law.

Sec. 4. The Supreme Court shall have original jur-
isdiction in habeas corpus, and quo warranto and
mandamus as to all state officers, and appellate juris-
diction in all actions and proceedings, excepting .that
its appellate jurisdiction shall not extend to civil ac-
tions at law for the recovery of money or personal
property when the original amount in controversy, or
the value of the property, does not exceed the sum of
two hundred dollars ($200), unless the action involves
the legality of a tax, impost, assessment, toll, municipal
fine, or the validity of a statute. The Supreme Court
shall also have power to issue writs of mandamus, re-
view, prohibition, habeas corpus, certiorari and all
other writs necessary and proper to the complete exer-
cise of its appellate and revisory jurisdiction. Each
of the judges shall have power to issue writs of habeas
corpus to any part of the state upon petition by or on
behalf of any person held in actual custody, and may
make such writs returnable before himself, or before
the Supreme Court, or before any Superior Court of
the state, or any judge thereof.

Sec. 5. There shall be in each of the organized coun-
ties of this state a Superior Court for which at least one
judge shall be elected by the qualified electors of the
county at the general state election : Provided, That
until otherwise directed by the Legislature one judge
only shall be elected for the counties of Spokane and
Stevens; one judge for the county of Whitman ; one
judge for the counties of Lincoln, Okanogan, Douglas
and Adams ; one judge for the counties of Walla Walla
and Franklin; one judge for the counties of Columbia,
Garfield and Asotin ; one judge for the counties of
Kittitas, Yakima and Klickitat; one judge for the
counties of Clarke, Skamania, Pacific, Cowlitz and
Wahkiakum ; one judge for the counties of Thurston,
Chehalis, Mason and Lewis; one judge for the county
of Pierce ; one judge for the county of King ; one judge
for the counties of Jefferson, Island, Kitsap, San Juan

STATE CONSTITUTION. 155

and Clallam ; and one judge for the counties of What-
com, Skagit and Snohomish. In any county where ^essions of
there shall be more than one superior judge, there
may be as many sessions of the Superior Court at the
same time as there are judges thereof, and whenever
the Governor shall direct a superior judge to hold court
in any county other than that for which he has been
elected, there may be as many sessions of the Superior
Court in said county at the same time as there are
judges therein, or assigned to duty therein by the
Governor, and the business of the court shall be so
distributed and assigned by law, or, in the absence of
legislation therefor, by such rules and orders, of court,
as shall best promote and secure the convenient and
expeditious transaction thereof. The judgments, de-
crees, orders and proceedings of any session of the
Superior Court held by any one or more of the judges
of such court shall be equally effectual as if all the
judges of said court presided at such session. The
first superior judges elected under this constitution om^e'of'supe-
shall hold their offices for the period of three years, ^'^°^^"*^^^®-
and until their successors shall be elected and quali-
fied, and thereafter the term of office of all superior
judges in this state shall be for four years from the
second Monday in January next succeeding their elec-
tion, and until their successors are elected and qualified.
The first election of judges of the Superior Court shall
be at the election held for the adoption of this consti-
tution. If a vacancy occurs in the office of judge of
the Superior Court, the Governor shall appoint a per-
son to hold the office until the election and qualifica-
tion of a judge to fill the vacancy, which election shall
be at the next succeeding general election, and the
judge so elected shall hold office for the remainder of
the unexpired term.

Sec. 6. The Superior Court shall have original juris- Jf''^^'^'e°ior°
diction in all cases in equity, and in all cases of law courts,
which involve the title or possession of real property,
or the legality of any tax, impost, assessment, toll or
municipal fine, and in all other cases in which the de-

156

STATE CONSTITUTION.

Powers of
judges and
courts.

Judges may
hold court in
any county
by request.

Pro tempore
judges.

Leave of
absence
of judges.

mand, or the value of the property in controversy
amounts to one hundred dollars, and in all criminal
cases amounting to felony, and in all cases of misde-
meanor not otherwise provided for by law ; of actions
of forcible entry and detainer ; of proceedings in insol-
vency; of actions to prevent or abate a nuisance; of all
matters of probate, of divorce, and for annulment of
marriage ; and for such special cases and proceedings
as are not otherwise provided for. The Superior Court
shall also have original jurisdiction in all cases and of
all proceedings in which jurisdiction shall not have
been by law vested exclusively in some other court;
and said court shall have the power of naturaliaztion.
and to issue papers therefor. They shall have such
appellate jurisdiction in cases arising in justice's and
other inferior courts in their respective counties as
may be prescribed by law. They shall be always open
except on non-judicial days, and their process shall ex-
tend to all parts of the state, Said courts and their
judges shall have power to issue writs of mandamus,
quo warranto, review, certiorari, prohibition and writs
of habeas corpus, on petition by or on behalf of any
person in actual custody in their respective counties.
Injunctions and writs of prohibition and of habeas
corpus may be issued and served on legal holidays and
non-judicial days.

Sec. 7. The judge of any Superior Court may hold a
Superior Court in any county at the request of the
judge of the Superior Court thereof, and upon the re-
quest of the Governor it shall be his duty to do so. A
case in the Superior Court may be tried by a judge
pro tempore, who must be a member of the bar, agreed
upon in writing by the parties litigant, or their attor-
neys of record, approved by the court, and sworn to
try the case.

Sec. 8. Any judicial officer who shall absent himself
from the state for more than sixty consecutive days
shall be deemed to have forfeited his office: Provided,
That in cases of extreme necessity the Governor may

STATE CONSTITUTION. 157

extend the leave of absence such time as the necessity
therefor shall exist.

Sec. 9. Any judge of any court of record, the At- ^^^^jj^J^^f^gj.
torney General, or any prosecuting attorney may be ^y^^s^^^^*"""®-
removed from office by joint resolution of the Legis-
lature, in which three-fourths of the members elected
to each house shall concur, for incompetency, corrup-
tion, malfeasance, or delinquency in office, or other
sufficient cause stated in such resolution. But no
removal shall be made unless the officer complained of Proceedings,
shall have been served with a copy of the charges
against him as the ground of removal, and shall have
an opportunity of being heard in his defense. Such
resolution shall be entered at length on the journal of
both houses, and on the question of removal the ayes
and nays shall also be entered on the journal.

Sec. 10. The Legislature shall determine the number Justices of

" _ _ the peace.

of justices of the peace to be elected in incorporated
cities or towns and in precincts, and shall prescribe by
law the powers, duties and jurisdiction of justices of
the peace: Provided, That such jurisdiction granted by
the Legislature shall not trench upon the jurisdiction
of superior or other courts of record, except that justices
of the peace may be made police justices of incorporated
cities and towns. In incorporated cities or towns hav-
ing more than five thousand inhajbitants the justices of
the peace shall receive such salary as may be provided
by law, and shall receive no fees for their own use.

Sec, 11. The Supreme Court and the superior courts rec"nf.°^
shall be courts of record, and the Legislature shall have
power to provide that any of the courts of this state, ex-
cepting justices of the peace, shall be courts of record.

Sec. 12. The Legislature shall prescribe by law the J^^^j.^'s°'^urig.
jurisdiction and powers of any of the inferior courts <iictioii of.
which may be established in pursuance of this consti-
tution.

Sec. 13. No judicial officer, except court commis- ^o^^SI''"""
sioners and unsalaried justices of the peace, shall re- °^°®^^-
ceive to his own use any fees or perquisites of office.
The judges of the Supreme Court and judges of the

158 STATE CONSTITUTION.

Superior Courts shall severally, at stated times, during
their continuance in office, receive for their services
the salaries prescribed by law therefor, which shall
not be increased after their election, nor during the
term for which they shall have been elected. The
salaries of the judges of the Supreme Court shall be
paid by the state. One-half of the salary of each of
^erfo7ud^e' ^^^ Superior Court judges shall be paid by the state,
how paid. ^j^^j ^]^q otlior ouc-half by the county or counties for
which he is elected. In cases where a judge is pro-
vided for more than one county^ that portion of his
salary which is to be paid by tiie counties shall be ap-
portioned between or among them according to the
assessed value of their taxable property, to be deter-
mined by the assessment next preceding the time for
which such salary is to be paid.
fudges?amount ^^^- 1^. Eacli of the judgcs of the Supreme Court
per annum. gj^all reccive an annual salary of four thousand dollars
($4,000); each of the Superior Court judges shall re-
ceive an annual salary of three thousand dollars
($3,000), which said salary shall be payable quarterly.
The Legislature may increase the salaries of the judges
herein provided.
JiwftVany' ^^^- ^^- "^^^ judgos of the Supreme Court and the
other office, judges of the Superior Court shall be ineligible to any
other office or public employment than a judicial office
or employment during the term for which they shall
have been elected.
Charge to jury. Sec. 16. Judges shall not charge juries with respect
to matters of fact, nor comment thereon, but shall de-
clare the law.
£d|Sup!*° Sec. 17. No person shall be eligible to the office of
judge of the Supreme Court or judge of a Superior
Court unless he shall have been admitted to practice
in the courts of record of this State or Territory of
Washington.
Reporter for Seq. 18. The ludges of the Supreme Court shall ap-

Supreme jo i r

Court. point a reporter for the decisions of that court, who

shall be removable at their pleasure. He shall receive
such annual salary as shall be prescribed by law.

STATE CONSTITUTION. I59

Sec. 19. No judge of a court of record shall practice nof^rlct^ce^
law in any court of this state during his continuance ^'^^•
in office.

Sec. 20. Every cause submitted to a judge of a^^TJ^^y"^
Superior Court for his decision shall be decided by him iSoTtiml;^'
within ninety days from the submission thereof : Pro-
vided, That if, within said period of ninety days a re-
hearing shall have been ordered, then the period
within which he is to decide shall commence at the
time the cause is submitted upon such a rehearing.

Sec. 21. The Legislature shall provide for the speedy o^inlo^nsoTsu^-
publications of opinions of the Supreme Court, and all ^'^^'^^ '-'°'^'^''^-
opinions shall be free for publication by any person.

Sec. 22. The judges of the Supreme Court shall ap- p^^'e^St.
point a clerk of that court, who shall be removable at
their pleasure, but the Legislature may provide for the
election, of the clerk of the Supreme Court and pre-
scribe the term of his office. The clerk of the Supreme salary of.
Court shall receive such compensation, by salary only,
as shall be provided by law.

Sec. 23. There may be appointed in each county, by SissTone^s
the judge of the superior court having jurisdiction ^°^®^^°^'
therein, one or more court commissioners, not exceed-
ing three in number, who shall have authority to per-
form like duties as a judge of the superior court at
chambers, subject to revision by such judge, to take
depositions and to perform such other business con-
nected with the administration of justice as may be
prescribed by law.

Sec. 24. The judges of the superior courts shall from ^0^^^^°*
time to time, establish uniform rules for the govern-
ment of the superior courts. *

Sec. 25. Superior judges shall, on or before the first ®j"^P®es to re-
day of November in each year, report in writing to the preme°judges.
judges of the Supreme Court such defects and omissions
in the laws as their experience may suggest, and the
judges of the Supreme Court shall, on or before the
first day of January in each year, report in writing to
the Governor such defects and omissions in the laws
as they may believe to exist.

160 STATE CONSTITUTION.

riorcoun"^"' Sec. 26. The county clerk shall be by virtue of his
• office, clerk of the Superior Court.

processes. Sec. 27. The Style of all process shall be, "The State

of Washington," and all prosecutions shall be con-
ducted in its name and by its authority.

of1X%°'^''^ Sec. 28. Every judge of the Supreme Court and
every judge of a Superior Court shall, before entering
upon the duties of his office, take and subscribe an oath
that he will support the constitution of the United
States and the constitution of the State of Washington,
and will faithfully and impartially discharge the duties
of judge to the best of his ability, which oath shall be
filed in the office of the Secretary of State.

ARTICLE V. — IMPEACHMENT.

topelchmini'' ^Ec. 1. The Housc of Representatives shall have the
cases. gQig power of impeachment. The concurrence of a

majority of all the members shall be necessary to an
impeachment. All impeachments shall be tried by the
Senate, and when sitting for that purpose the senators
shall be upon oath or affirmation to do justice accord-
ing to law and evidence. When the Governor or
Lieutenant Governor is on trial, the chief justice of the
Supreme Court shall preside. No person shall be con-
victed without a concurrence of two-thirds of the sen-
ators elected.
Impeachment Sec. 2. The Govomor and other state and judicial

for what *'

offenses. officcrs, exccpt judgcs and justices of courts not of rec-

ord, shall be liable to impeachment for high crimes or
misdemeanors, or malfeasance in office, but judgment
in su(\h cases shall extend only to removal from office
and disqualification to hold any office of honor, trust or
profit, in the state. The party, whether convicted or
acquitted, shall, nevertheless, be liable to prosecution,
trial, judgment and punishment according to law.

Som°Jfflce Sec 3. All officers not liable to impeachment shall

be subject to removal for misconduct or malfeasance in
office, in such manner as may be provided by law.

STATE CONSTITUTION. 161

ARTICLE VI. — ELECTIONS AND ELECTIVE RIGHTS.

Section 1. All male persons of the age of twenty- ^f'^eiectMl"^^
one years or over, possessing the following qualifica-
tions, shall be entitled to vote at all elections : They
shall be. citizens of the United States ; they shall have
lived in the state one year, and in the county ninety
days, and in the city, town, ward or precinct thirty
days immediately preceding the election at which they
offer to vote : Provided, That Indians not taxed shall
never be allowed the elective franchise : Provided
further, That all male persons who at the time of the
adoption of this constitution are qualified electors of
the territory shall be electors.

Sec. 2. The Legislature may provide that there shall i? school

° '' ^ elections.

be no denial of the elective franchise at any school elec-
tion on account of sex.

Sec. 3. All idiots, insane persons, and persons con- Certain ^^^
victed of infamous crime, unless restored to their civil ^i^°^°^'s-
rights, are excluded from the elective franchise.

Sec. 4. For the purpose of voting and eligibility to Residence not

IT r o & ./ gained or lost

office no person shall be deemed to have gained a resi- sJr^ce^etc.

dence by reason of his presence, or lost it by reason of

his absence, while in the civil or military service of the

state or of the United States, nor while a student at any

institution of learning, nor while kept at public expense

at any poor house or other asylum, nor while confined

in public prison, nor while engaged in the navigation

of the waters of this state or of the United States, or

of the high seas.

Sec. 5. Voters shall in all cases except treason, fel- J^^^^'^rre^st on
ony and breach of the peace, be privileged from arrest election days.
during their attendance at elections and in going to
and returning therefrom. No elector shall be required
to do military duty on the day of any election except
in time of war or public danger.

Sec. 6. All elections shall be by ballot. The Legisla- ^If^^i^""^ ^^
ture shall provide for such method of voting as will
secure to every elector absolute secrecy in preparing
and depositing his ballot.
—11

162

STATE CONSTITUTION.

Kegistration
laws.

First election
of officers;
subsequent
elections.

All property
taxed accord-
ing to value ;
annual levies.

Uniform and
equal rates
of taxation.

Sec. 7. The Legislature shall enact a registration
law, and shall require a compliance with such law be-
fore any elector shall be allowed to vote : Provided,
That this provision is not compulsory upon the Legis-
lature, except as to cities and towns having a popula-
tion of over five hundred inhabitants. In all other cases
the Legislature may or may not require registration as
a pre-requisite to the right to vote, and the same sys-
tem of registration need not be adopted for both classes.

Sec. 8. The first election of county and district of-
ficers, not otherwise provided for in this constitution,
shall be on the Tuesday next after the first Monday in
November, 1890, and thereafter all elections for such
officers shall be held biennially on the Tuesday next
succeeding the first Monday in November. The first
election of all state officers not otherwise provided for
in this constitution, after the election held for the
adoption of this constitution, shall be on the Tuesday
next after the first Monday in November, 1892, and the
elections for such state officers shall be every fourth
year thereafter on the Tuesday succeeding the first
Monday in November.

ARTICLE VII. — REVENUE AND TAXATION.

Section 1. All property in the state, not exempt
under the laws of the United States, or under this con-
stitution, shall be taxed in proportion to its value, to
be ascertained as provided by law. The Legislature
shall provide by law for an annual tax sufficient, with
other sources of revenue, to defray the estimated ordi-
nary expenses of the state for each fiscal year. And
for the purpose of paying the state debt, if there be
any, the Legislature shall provide for levying a tax
annually, sufficient to pay the annual interest and
principal of such debt within twenty years from the
final passage of the law creating the debt.

Sec. 2. The Legislature shall provide by law a uni-
form and equal rate of assessment and taxation on all
property in the state, according to its value in money,
and shall prescribe such regulations by general law as
shall secure a just valuation for taxation of all prop-

STATE CONSTITUTION. Ig3

erty, so that every person and corporation shall pay a
tax in proportion to the value of his, her or its prop-
erty : Provided, That a deduction of debts from credits
may be authorized : Provided further, That the prop- Exemptions.
erty of the United States, and of the state, counties,
school districts and other municipal corporations, and
such other property as the Legislature may by general
laws provide, shall be exempt from taxation.

Sec. 3. The Legislature shall provide by general law Assessment of

. ./ o corporation

for the assessing and levying of taxes on all corpora- property.
tion property as near as may be by the same methods
as are provided for the assessing and levying of taxes
on individual property.

Sec, 4. The power to tax corporations and corporate same.
property shall not be surrendered or suspended by any
contract or grant to which the state shall be a party.

Sec. 5. No tax shall be levied except in pursuance i^%*u?suance*
of law; and every law imposing a tax shall state dis-°*^^^'
tinctly the object of the same, to which only it shall be
applied.

Sec. 6. All taxes levied and collected for state pur- ah taxes paid

-■■ m money.

poses shall be paid in money only into the state treasury.

Sec. 7. An accurate statement of the receipts and recefpts al?
expenditures of the public moneys shall be published expenditures.
annually, in such manner as the Legislature may
provide.

Sec. 8. Whenever the expenses of any fiscal year ?®^evlnue®^
shall exceed the income, the Legislature may provide provided for.
for levying a tax for the ensuing fiscal year, sufiicient,
with other sources of income, to pay the deficiency, as
well as the estimated expenses of the ensuing fiscal
year.

Sec. 9. The Legislature may vest the corporate au- aid^^wns to^^
thorities of cities, towns and villages with the power tlles^^^''''^^
to make local improvements by special assessment,
or by special taxation of property benefited. For all
corporate purposes, all municipal corporations may
be vested with authority to assess and collect taxes,
and such taxes shall be uniform in respect to persons

164

STATE CONSTITUTION.

State indebt-
edness limited,

Exceptions to
limitation.

Special pro-
vision for
incurring
indebtedness.

Appropri-
ations.

and property within the jurisdiction of the body levy-
ing the same.

ARTICLE VIII. — STATE, COUNTY AND MUNICIPAL, INDEBTEDNESS.

Section 1. The state may, to meet casual deficits or
failures in revenues, or for expenses not provided for,
contract debts, but such debts, direct and contingent,
singly or in the aggregate, shall not at any time exceed
four hundred thousand dollars ($400,000), and the
moneys arising from the loans creating such debts
shall be applied to the purpose for which they were
obtained, or to repay the debts so contracted, and to
no other purpose whatever.

Sec. 2. In addition to the above limited power to
contract debts, the state may contract debts to repel
invasion, suppress insurrection, or to defend the state
in war, but the money arising from the contracting of
such debts shall be applied to the purpose for which it
was raised and no other purpose whatever.

Sec 3. Except the debts specified in sections one
and two of this article, no debt shall hereafter be con-
tracted by, or on behalf of this state, unless such debt
shall be authorized by law for some single work or ob-
ject to be distinctly specified therein, which law shall
provide ways and means, exclusive of loans, for the
payment of the interest on such debt as it falls due,
and also to pay and discharge the principal of such
debt within twenty years from the time of the con-
tracting thereof. No such law shall take effect until
it shall, at a general election, have been submitted to
the people and have received a majority of all the votes
cast for and against it at such election, and all moneys
raised by authority of such law shall be applied only
to the specific object therein stated, or to the payment
of the debt thereby created, and such law shall be
published in at least one newspaper in each county, if
one be published therein, throughout the state, for
three months next preceding the election at which it
is submitted to the people.

Sec 4. No money shall ever be paid out of the
treasury of this state, or any of its funds, or any of the

STATE CONSTITUTION. Ig5

funds under its management, except in pursuance of
an appropriation by law; nor unless such payment be
made within two years from the first day of May next
after the passage of such appropriation act, and every
such law making a new appropriation, or continuing
or reviving an appropriation, shall distinctly specify
the sum appropriated, and the object to which it is to
be applied, and it shall not be sufficient for such law
to refer to any other law to fix such sum.

Sec. 5. The credit of the state shall not, in any credit of state

' J shall not be

manner, be given or loaned to, or in aid of, any indi- cor|oratiois°^
vidual, association, company or corporation.

Sec. 6. No county, city, town, school district or other dibtednVsl'of
municipal corporation shall for any purpose become and"^schoo?*^^^
indebted in any manner to an amount exceeding one
and one-half percentum of the taxable property in such
county, city, town, school district or other municipal
corporation, without the assent of three-fifths of the
voters therein voting at an election to be held for that
purpose, nor in cases requiring such assent shall the
total indebtedness at any time exceed five per centum
on the value of the taxable property therein, to be as-
certained by the last assessment for state and county
purposes previous to the incurring of such indebted-
ness, except that in incorporated cities the assessment
shall be taken from the last assessment for city pur-
poses : Provided, That no part of the indebtedness •
allowed in this section shall be incurred for any pur-
pose other than strictly county, city, town, school
district or other municipal purposes : Provided further,
That any city or town with such assent may be allowed
to become indebted to a larger amount, but not exceed-
ing five per centum additional, for supplying such city
or town with water, artificial light and sewers, when
the works for supplying such water, light and sewers
shall be owned and controlled by the municipality.

Sec. 7. No county, city, town or other municipal S'uTiSfautfes
corporation shall hereafter give any money or property, corporatioil
or loan its money or credit, to or in aid of. any indi- ^^°-
vidual, association, company or corporation, except for

166

STATE CONSTITUTION.

Education of
children.

Uniform sys-
tem of public
shools; in-
cludes what;
support of.

Common
.school fund; .
derived from
what sources.

the necessary support of the poor and infirm, or become
directly or indirectly the owner of any stock in or
bonds of any association, company or corporation.

ARTICLE IX. — EDUCATION.

Section 1. It is the paramount duty of the state to
make ample provision for the education of all children
residing within its borders, without distinction or pref-
erence on account of race, color, caste or sex.

Sec. 2. The Legislature shall provide for a general
and uniform system of public schools. The public
school system shall include common schools, and such
high schools, normal schools and technical schools as
may hereafter be established. But the entire revenue
derived from the common school fund, and the state
tax for common schools, shall be exclusively applied
to the support of the common schools.

Sec. 3. The principal of the common school fund
shall remain permanent and irreducible. The said
fund shall be derived from the following named sources,
to-wit : Appropriations and donations by the state to
this fund ; donations and bequests by individuals to
the state or public for common schools ; the proceeds
of lands and other property which revert to the state
by escheat and forfeiture ; the proceeds of all property
granted to the state, when the purpose of the grant is
not specified, or is uncertain ; funds accumulated in
the treasury of the state for the disbursement of which
provision has not been made by law; the proceeds of
the sale of timber, stone, minerals and other property
from school and state lands, other than those granted
for specific purposes ; all moneys received from per-*
sons appropriating timber, stone, minerals or other
property from school and state lands other than those
granted for specific purposes, and all moneys other than
rental recovered from persons trespassing on said lands;
five per centum of the proceeds of the sale of public
lands lying within the state, which shall be sold by the
United States subsequent to the admission of the state
into the Union as approved by section 13 of the act of
Congress enabling the admission of the state into the

STATE CONSTITUTION. 167

Union ; the principal of all funds arising from the
sale of lands and other property which have been, and
hereafter may be, granted to the state for the support
of common schools. The Legislature may make further ^1^'^ ^^Td
provisions for enlarging said fund. The interest accru- ^°^ increase.
ing on said fund, together with all rentals and other
revenues derived therefrom, and from lands and other
property devoted to the common school fund, shall be
exclusively applied to the current use of the common
schools.

Sec. 4. All schools maintained or supported wholly fecta?ian°'^'
or in part by the public funds shall be forever free
from sectarian control or influence.

Sec. 5. All losses to the permanent common school manmft^'sctfooi
or any other state educational fund, which shall be ^ebt onTtatef
occasioned by defalcation, mismanagement or fraud of
the agents or officers controlling or managing the
same, shall be audited by the proper authorities of the
state. The amount so audited shall be a permanent
funded debt against the state in favor of the particular
fund sustaining such loss, upon which not less than 6
per cent, annual interest shall be paid. The amount
of liability so created shall not be counted as a part of
the indebtedness authorized and limited elsewhere in
this constitution.

ARTICLE X.— MILITIA.

Section 1. All able-bodied male citizens of this state, ^^"1^7'^"*^

WHO oiTG

between the ages of eighteen (18) and forty-five (45)iiaWeto.
years, except such as are exempt by laws of the United
States or by the laws of this state, shall be liable to
military duty.

Sec. 2. The Legislature shall provide by law for ^l^^^f'l^^'^
organizing and disciplining the militia in such man-
ner as it may deem expedient, not incompatible with
the constitution and laws of the United States. Offi-
cers of the militia shall be elected or appointed in such
manner as the Legislature shall from time to time
direct, and shall be commissioned by the Governor.
The Governor shall have power to call forth the militia

168

STATE CONSTITUTION.

Soldiers'
Home.

Immunity
from arrest.

Exemption
from military
duty.

County

organization

recognized.

Removal of
county seats.

Organization
of new
counties.

Change of
boundaries.

to execute the laws of the state, to suppress insurrec-
tions and repel invasions.

Sec. 3. The Legislature shall provide by law for the
maintenance of a Soldiers' Home for honorably dis-
charged Union soldiers, sailors, marines and members
of the state militia disabled while in the line of duty,
and who are bona fide citizens of the state.

Sec. 4. The Legislature shall provide by law for the
protection and safe keeping of the public arms.

Sec. 5. The militia shall, in all cases, except treason,
felony and breach of the peace, be privileged from ar-
rest during the attendance at musters and elections of
officers, and in going to and returning from the same.

Sec. 6. No person or persons, having conscientious
scruples against bearing arms, shall be compelled to
do militia duty in time of peace: Provided, Such per-
son or persons shall pay an equivalent for such exemp-
tion.

ARTICLE XI.— COUNTY, CITY AND TOWNSHIP ORGANIZATION.

Section 1. The several counties of the Territory of
Washington existing at the time of the adoption of
this constitution are hereby recognized as legal sub-
divisions of this state.

Sec 2. No county seat shall be removed unless three-
fifths of the qualified electors of the county, voting on
the proposition at a general election, shall vote in
favor of such removal, and three-fifths of all votes cast
on the proposition shall be required to relocate a county
seat. A proposition of removal shall not be submitted
in the same county more than once in four years.

Sec. 3. No new county shall be established which
shall reduce any county to a population of less than
four thousand (4.000), nor shall a new county be formed
containing a less population than two thousand (2,000).
There shall be no territory stricken from any county
unless a majority of the voters living in such territory
shall petition therefor, and then only under such other
conditions as may be prescribed by a general law ap-
plicable to the whole state. Every county which shall
be enlarged or created from territory taken from any

STATE CONSTITUTION. 169

other county or counties shall be liable for a just pro-
portion of the existing debts and liabilities of the
county or counties from which such territory shall be
taken; Provided, That in such accounting neither county
shall be charged with any debt or liability then existing,
incurred in the purchase of any county property or in
the purchase or construction of any county buildings
then in use or under construction, which shall fall
within and be retained by the county: Provided further,
That this shall not be construed to affect the rights of
creditors.

Sec. 4. The Legislature shall establish a system of fJu^^™ °^
county government which shall be uniform throughout government.
the state, and by general laws shall provide for town-
ship organization, under which any county may or-
ganize whenever a majority of the qualified electors of
such county voting at a general election shall so de-
termine, and whenever a county shall adopt township
organization, the assessment and collection of revenue
shall be made, and the business of such county, and
the local affairs of the several townships therein, shall
be managed and transacted in the manner prescribed
by such general law.

Sec. 5. The Legislature, by general and uniform laws, oncers, com-
shall provide for the election in the several counties of P^'^^ation of.
boards of county commissioners, sheriffs, county clerks,
treasurers, prosecuting attorneys, and other county,
township or precinct and district officers, as public con-
venience may require, and shall prescribe their duties
and fix their terms of office. It shall regulate the com-
pensation of all such officers, in proportion to their
duties, and for that purpose may classify the counties
by population. And it shall provide for the strict ac-
countability of such officers for all fees which may be
collected by them, and for all public moneys which may
be paid to them, or officially come into their posses-
sion.

Sec. 6. The board of county commissioners in each vacancies.
county shall fill all vacancies occurring in any county,
township, precinct or road district office of such county

170 STATE CONSTITUTION.

by appointment, and officers thus appointed shall hold
office till the next general election, and until their suc-
cessors are elected and qualified.
Ineligibility Sec. 7. No couutv officer shall be eligible to hold

for more than -^ o

two terms. ]^[g offico more than two terms in succession.

Salaries. Sec. 8. The Legislature shall fix the compensation

by salaries of all county officers, and of constables in
cities having a population 5,000 and upward ; except
that public administrators, surveyors and coroners may
or may not be salaried officers. The salary of any
county, city, town or municipal officer shall not be in-
creased or diminished after his election, or during his
term of office ; nor shall the term of any such officer
be extended beyond the period for which he is elected
or appointed,

uabiefor^state ^^c. 9. No county, nor the inhabitants thereof, nor

taxes. ^-[^g property therein, shall be released or discharged

from its or their proportionate share of taxes to be
levied for state purposes, nor shall commutation for
such taxes be authorized in any form whatever. '

porations^ no^t ^^G- 10- Corporations for municipal purposes shall

speciaf ac^s. ^^t be Created by special laws ; but the Legislature, by
general laws, shall provide for the incorporation, organ-
ization and classification, in proportion to population,
• of cities and towns, which laws may be altered, amended
or repealed. Cities and towns heretofore organized or
incorporated may become organized under such general
laws whenever a majority of the electors voting at a
general election shall so determine, and shall organize
in conformity therewith ; and cities or towns hereto-
fore or hereafter organized, and all charters thereof
framed or adopted by authority of this constitution,
shall be subject to and controlled by general laws.

cMe^sor'o°ooo -^^y ^^^y containing a population of twenty thousand
inhabitants, or more, shall be permitted to frame a
charter for its own government, consistent with and
subject to the constitution and laws of this state, and
for such purpose the legislative authority of such city
may cause an election to be had, at which election there
shall be chosen by the qualified electors of said city.

or more.

STATE CONSTITUTION. 17|

fifteen freeholders thereof, who shall have been resi-
dents of said city for a period of at least two years pre-
ceding their election, and qualified electors, whose
duty it shall be to convene within ten days after their
election and prepare and propose a charter for such
city. Such proposed charter shall be submitted to the ^5^^°^*^°"^°^
qualified electors of said city, and if a majority of such
qualified electors voting thereon ratify the same, it
shall become the charter of said city, and shall become
the organic law thereof, and supersede any existing
charter, including amendments thereto, and all special
laws inconsistent with such charter. Said proposed
charter shall be published in two daily newspapers
published in said city, for at least thirty days prior to
the day of submitting the same to the electors for their
approval, as above provided. All elections in this sec-
tion authorized shall only be had upon notice, which
'notice shall specify the object of calling such election,
and shall be given for at least ten days before the day
of election, in all election districts of said city. Said
elections may be general or special elections, and ex-
cept as herein provided shall be governed by the law
regulating and controlling general or special elections
in said city. Such charter may be amended by pro- ^f^^amr.'^*
posals therefor submitted by the legislative authority
of such city to the electors thereof at any general elec-
tion after notice of said submission published as above
specified, and ratified by a majority of the qualified
electors voting thereon. In submitting any such char-
ter, or amendment thereto, any alternate article or
proposition may be presented for the choice of the vot-
ers, and may be voted on separately without prejudice
to others.

Sec. 11. Any county, city, town or township may Pri|iieges
make and enforce within its limits all such local po-
lice, sanitary and other regulations as are not in con-
flict with general laws.

Sec. 12. The Legislature shall have no power to ^^^^l^^lf^"""
impose taxes upon counties, cities, towns or other mu- general laws.
nicipal corporations, or upon the inhabitants or prop-

172

STATE CONSTITUTION.

Unlawful use
of public
money a
felony.

Air public
money to be
deposited with
treasurer.

Not created by
special laws.

Legislature
shall not ex-
tend franchise
or remit
forfeiture.

Liability of
stockholders.

erty thereof, for county, city, town, or other municipal
purposes, but may by general laws vest in the corporate
authorities thereof the power to assess and collect taxes
for such purposes.

Sec. 13. Private property shall not be taken or sold
for the payment of the corporate debt of any public or
municipal corporation, except in the mode provided by
law for the levy and collection of taxes.

Sec. 14. The making of profit out of county, city,
town or other public money, or using the same for any
purpose not authorized by law, by any officer having
the possession or control thereof, shall be a felony, and
shall be prosecuted and punished as prescribed by law.

Sec. 15. All moneys, assessments and taxes belong-
ing to or collected for the use of any county, city, town
or other public or municipal corporation, coming into
the hands of any officer thereof, shall immediately be
deposited with the treasurer, or other legal depositary,
to the credit of such city, town, or other corporation
respectively, for the benefit of the funds to which they
belong.

ARTICLE XII. — CORPORATIONS OTHKR THAN MUNICIPAL.

Section 1. Corporations may be formed under gen-
eral laws, but shall not be created by special acts. All
laws relating to corporations may be altered, amended
or repealed by the Legislature at anytime, and all cor-
porations doing business in this state may, as to such
business, be regulated, limited or restrained by law.

Sec. 2. All existing charters, franchises, special or
exclusive privileges, under which an actual and bo7ia
fide organization shall not have taken place, and busi-
ness been commenced in good faith, at the time of the
adoption of this constitution, shall thereafter have no
validity.

Sec. 3. The Legislature shall not extend any fran-
chise or charter, nor remit the forfeiture of any fran-
chise or charter of any corporation now existing, or
which shall hereafter exist under the laws of this state.

Sec. 4. Each stockholder in all incorporated com-
panies, except corporations organized for banking or

STATE CONSTITUTION. ^73

iDsurance purposes, shall be liable for the debts of the
corporation to the amount of his unpaid stock, and no
more, and one or more stockholders may be joined as
parties defendant in suits to recover upon this liability.

Sec. 5. The term corporations, as used in this ar- constTuedTo
tide, shall be construed to include all associations and i'^ciude wnat.
joint stock companies having any powers or privileges
of corporations not possessed by individuals or partner-
ships, and all corporations shall have the right to sue
and shall be subject to be sued, in all courts, in like
cases as natural persons.

Sec, 6. Corporations shall not issue stock, except to ^toTk^'flctr
bona fide subscribers therefor, or their assignees ; nor ^^"^^ '®^"®
shall aay corporation issue any bond, or other obliga-
tion, for the payment of money, except for money or
property received or labor done. The stock of cor-
porations shall not be increased, except in pursuance
of a general law, nor shall any law authorize the in-
crease of stock, without the consent of the person or
persons holding the larger amount in value of the
stock, nor without due notice of the proposed increase
having been previously given in such manner as may
be prescribed by law. All fictitious increase of stock
or indebtedness shall be void.

Sec. 7. No corporation organized outside the limits
of this state shall be allowed to transact business within
the state on more favorable conditions than are pre-
scribed by law to similar corporations organized under
the laws of this state.

Sec. 8. No corporation shall lease or alienate any Leasing or

'- _ "^ alienation of

franchise, so as to relieve the franchise, or property franchises.
held thereunder, from the liabilities of the lessor, or
grantor, lesee, or grantee, contracted or incurred in the
operation, use, or enjoyment of such franchise or any
of its privileges.

Sec. 9. The state shall not in any manner loan its state shaii not

"^ _ loan Its credit

credit, nor shall it subscribe to, or be interested in, the ^fo^g^P"^*"
stock of any company, association or corporation.

Eminent
domai

main shall never be so abridged or construed as to ^|ht?

Sec. 10. The exercise of the right of eminent do- domafn'!*state

exercise

174

STATE CONSTITUTION.

Corporations
and individ-
uals shall not
issue money,
except lawful
money of U. S,

Liability of
stockholders.

Insolvent
banks shall
not receive
deposits.

Common car-
riers; rights;
duties.

prevent the Legislature from taking the property and
franchises of incorporated companies, and subjecting
them to public use the same as the property of indi-
viduals.

Sec. 11. No corporation, association, or individual
shall issue or put in circulation as money anything but
the lawful money of the United States. Each stock-
holder of any banking or insurance corporation or
joint stock association shall be individually and per-
sonally liable, equally and ratably and not one for an-
other, for all contracts, debts and engagements of such
corporation or association accruing while they remain
such stockholders, to the extent of the amount of their
stock therein at the par value thereof, in addition to
the amount invested in such shares.

Sec. 12. Any president, director, manager, cashier,
or other officer of any banking institution who shall
receive or assent to the reception of deposits after he
shall have knowledge of the fact that such banking in-
stitution is insolvent or in failing circumstances shall
be individually responsible for such deposits so re-
ceived.

Sec. 13. All railroad, canal and other transportation
companies are declared to be common carriers and
subject to legislative control. Any association or cor-
poration organized for the purpose, under the laws of
the state, shall have the right to connect at the state
line with railroads of other states. Every railroad com-
pany shall have the right with its road, whether the
same be now constructed or may hereafter be con-
structed, to intersect, cross or connect with any other
railroad, and when such railroads are of the same or
similar guage they shall, at all crossings and at all
points where a railroad shall begin or terminate at or
near any other railroad, form proper connections, so
that the cars of any such railroad companies may be
speedily transferred from one railroad to another. All
railroad companies shall receive and transport each
the other's passengers, tonnage and cars without delay
or discrimination.

STATE CONSTITUTION. 175

Sec, 14. No railroad company or other common
carrier shall combine or make any contract with the certain com-

•^ bmations of

owners of any vessel that leaves port or makes port in forwdden.
this state, or with any common carrier, by which com-
bination or contract the earnings of one doing the
carrying are to be shared by the other not doing the
carrying.

Sec. 15. No discrimination in charges or facilities J?i^''V™i'l*-

o tion m rates

for transportation shall be made by any railroad or other forbidden.
transportation company between places or persons, or
in the facilities for the transportation of the same classes
of freight or passengers within the state, or coming
from or going to any other state. Persons and prop-
erty transported over any railroad, or by any other
transportation company, or individual, shall be de-
livered at any station, landing or port, at charges not
exceeding the charges for the transportation of persons
and property of the same class, in the same direction,
to any more distant station, port or landing. Excursion
and commutation tickets may be issued at special rates.

Sec. 16. No railroad corporation shall consolidate ^^^goiidate
its stock, property or franchises with any other rail-
road corporation owning a competing line.

Sec. 17. The rolling stock and other moveable prop- fto^l'conlw^-^"
erty belonging to any railroad company or corpora- lonai^property"
tion in. this state shall be considered personal property,
and shall be liable to taxation and to execution and sale
in the same manner as the personal property of indi-
viduals, and such property shall not be exempted from
execution and sale.

Sec. 18. The legislature shall pass laws establishing Reguiatu)n of
reasonable maximum rates of charges for the transpor- LegSu/e.
tation of passengers and freight, and to correct abuses,
and to prevent discrimination and extortion in the
rates of freight and passenger tariffs on the different
railroads and other common carriers in the state, and
shall enforce such laws by adequate penalties. A rail-
road and transportation commission may be established
and its powers and duties fully defined by law.

Sec. 19. Any association or corporation, or the

176 STATE CONSTITUTION.

lessees or managers thereof, organized for the purpose,
Telegraph or any individual, shall have the right to construct and

and telephone j ^ o ^

companies. maintain lines of telegraph and telephone within this
state, and said companies shall receive and transmit
each other's messages without delay or discrimination,
and all such companies are hereby declared to be com-
mon carriers and subject to legislative control. Rail-
road corporations organized or doing business in this
state shall allow telegraph and telephone corporations
and companies to construct and maintain telegraph
lines on and along the rights-of-way of such railroads
and railroad companies, and no railroad corporation
organized or doing business in this state shall allow
any telegraph corporation or company any facilities,
privileges or rates for transportation of men or material,
or for repairing their lines, not allowed to all telegraph
companies. The right of eminent domain is hereby
extended to all telegraph and telephone companies.
The legislature shall, by general law of uniform opera-
tion, provide reasonable regulations to give effect to
this section.

di&^crimfna-' ^^^- 2^' '^^ railroad or other transportation com-
pany shall grant free passes, or sell tickets or passes at
a discount, other than as sold to the public generally,
to any member of the legislature, or to any person
holding any public office within this state. The legis-
lature shall pass laws to carry this provision into effect.
Sec. 21. Railroad companies now or hereafter or-

agXst tfny ganized or doing business in this state, shall allow all

company. exprcss companies organized or doing business in this
state, transportation over all lines of railroad owned or
operated by such railroad companies upon equal terms
with any other express company, and no railroad cor-
poration organized or doing business in this state shall
allow any express corporation or company any facili-
ties, privileges or rates for transportation of men or
materials or property carried by them, or for doing
the business of such express companies, not allowed
to all express companies.

Sec. 22. Monopolies and trusts shall never be allowed

tion forbidden.

Railroads
shall not dis

STATE CONSTITUTION. 177

in this state, and no incorporated company, copartner-
ship or association of persons in this state shall directly mono%1ies
or indirectly combine or make any contract with any *°^"^^*^'^®'^-
other incorporated company, foreign or domestic,
through their stockholders, or the trustees or assignees
of such stockholders, or with any copartnership or as-
sociation of persons, or in any manner whatever, for
the purpose of fixing the price or limiting the produc-
tion or regulating the transportation of any product or
commodity. The Legislature shall pass laws for the
enforcement of this section by adequate penalties, and
in case of incorporated companies, if necessary for that
purpose, may declare a forfeiture of their charter.

ARTICLE XIII. — STATE INSTITUTIONS.

Section 1. Educational, reformatory and penal in- reformatory^'
stitutions ; those for the benefit of blind, deaf, dumb f^g'^i^ut^^s. •
or otherwise defective youth, for the insane or idiotic,
and such other institutions as the public good may re-
quire, shall be fostered and supported by the state,
subject to such regulations as may be provided bylaw.
The regents, trustees, or commissioners of all such in-
stitutions existing at the time of the adoption of this
constitution, and of such as shall thereafter be estab-
lished by law, shall be appointed by the Governor, by
and with the advice and consent of the Senate; and
upon all nominations made by the Governor, the ques-
tion shall be taken by the ayes and noes, and entered
upon the journal.

ARTICLE XIV. — SEAT OF GOVERNMENT.

Section 1. The Legislature shall have no power to f^c^um^^
change, or to locate the seat of government of this state; government,
but the question of the permanent location of the seat ^°^ chosen.
of government of the state shall be submitted to the
qualified electors of the territory, at the election to be
held for the adoption of this constitution. A majority
of all the votes cast at said election, upon said question,
shall be necessary to determine the permanent loca-
tion of the seat of government for the state ; and no
place shall ever be the seat of government which shall
—12

178

STATE CONSTITUTION.

Temporary
seat.

How changed.

Capitol
building.

Harbor line
commission.

not receive a majority of the votes cast on that matter.
In case there shall be no choice of location at said first
election, the Legislature shall, at its first regular ses-
sion after the adoption of this constitution, provide for
submitting to the qualified electors of the state, at the
next succeeding general election thereafter, the ques-
tion of choice of location between the three places for
which the higest number of votes shall have been cast
at the said first election. Said Legislature shall pro-
vide further that in case there shall be no choice of
location at said second election, the question of choice
between the two places for which the highest number
of votes shall have been cast, shall be submitted in
like manner to the qualified electors of the state at the
next ensuing general election : Provided, That until the
seat of government shall have been permanently
located as herein provided, the temporary location
thereof shall remain at the city of Olympia.

Sec. 2. When the seat of government shall have
been located as herein provided, the location thereof
shall not thereafter be changed except by a vote of
two-thirds of all the qualified electors of the state vot-
ing on that question, at a general election, at which
the question of location of the seat of government
shall have been submitted by the Legislature.

Sec. 3. The Legislature shall make no appropriations
or expenditures for capitol buildings or grounds, except
to keep the territorial capitol buildings and grounds in
repair, and for making all necessary additions thereto,
until the seat of government shall have been perma-
nently located, and the public buildings are erected at
the permanent capital in pursuance of law.

ARTICLE XV. — HARBORS AND TIDE WATERS.

Section 1. The Legislature shall provide for the ap-
pointment of a commission whose duty it shall be to
locate and establish harbor lines in the navigable
waters of all harbors, estuaries, bays and inlets of this
state, wherever such navigable waters lie within or in
front of the corporate limits of any city or within one

STATE CONSTITUTION. ;| 79

mile thereof upon either side. The state shall never
give, sell or lease to any private person, corporation or
association any rights whatever in the waters beyond
such harbor lines, nor shall any of the area lying be-
tween any harbor line and the line of ordinary high
tide, and within not less than fifty feet nor more than
600 feet of such harbor line (as the commissioners
shall determine) be sold or granted by the state, nor its
right to control the same relinquished, but such area Areas reserved

^ ^ for wharves

shall be forever reserved for landings, wharves, streets ^°^ landings.
and other conveniences of navigation and commerce.

Sec. 2. The Legislature shall provide general laws ^jfeffol^^
for the leasing of the right to build and maintain and docks.
wharves, docks and other structures upon the areas
mentioned in section 1 of this article, but no lease
shall be made for any term longer than thirty years,
or the Legislature may provide by general laws for the
building and maintaining upon such area, wharves,
docks and other structures.

Sec. 3. Municipal corporations shall have the right
to extend their streets over intervening tide lands to
and across the area reserved as herein provided.

ARTICLE XVI. — SCHOOL AND GRANTED LANDS.

Section 1. All the public lands granted to the state shaiinotbe

^ 0 sold at less

are held in trust for all the people, and none of such ^aiue™*^^^^*"
lands, nor any estate or interest therein, shall ever be
disposed of unless the full market value of the estate
or interest disposed of, to be ascertained in such man-
ner as may be provided by law, be paid or safely se-
cured to the state ; nor shall any lands which the state
holds by grant from the United States ( in any case
in which the manner of disposal and minimum price
are so prescribed ) be disposed of except in the manner
and for at least the price prescribed in the grant
thereof, without the consent of the United States.

Sec. 2. None of the lands granted to the state for ^^^^^g^ati^^^ai
educational purposes shall be sold otherwise than at Kgheir^*^
public auction to the highest bidder. The value Juwica^uction.
thereof, less the improvements, shall, before any sale.

180 STATE CONSTITUTION.

be appraised by a board of appraisers, to be provided
by law, the terms of payment also to be prescribed by
law, and no sale shall be valid unless the sum bid be
equal to the appraised value of said land. In estimat-
ing the value of said lands for disposal, the value of
the improvements thereon shall be excluded: Provided,
That the sale of all school and university land hereto-
fore made by the commissioners of any county or the
university commissioners, when the purchase price has
been paid in good faith, may be confirmed by the Leg-
islature.

scboomnds, Qec. 3. No more than one-fourth of the land granted
to the state for educational purposes shall be sold prior
to January 1,1895, and not more than one-half prior to
January 1, 1905: Provided, Th.QXnoih.iQ.g herein shall
be construed as to prevent the state from selling the tim-
ber or stone off of any of the state lands in such manner
and on such terms as may be prescribed by law ; And
■provided further, That no sale of timber lands shall be
valid unless the full value of such lands is paid or
secured to the state.

Subdivision of. Sec. 4. No morc than one hundred and sixty (160)
acres of any granted lands of the state shall be offered
. for sale in one parcel, a,nd all lands within the limits
of any incorporated city, or within two miles of the
boundary of any incorporated city, where the valuation
of such lands shall be found by appraisement to
exceed one hundred dollars ($100) per acre, shall, be-
fore the same be sold, be platted into lots and blocks
of not more than five acres in a block, and not more
than one block shall be offered for sale in one parcel.

of funds^°* Sec. 5. None of the permanent school fund shall

ever be loaned to private persons or corporations, but
it may be invested in national, state, county or munic-
ipal bonds.

ARTICLE XVII. — TIDE LANDS.

Claim of State. SECTION 1. The State of Washington asserts its
ownership to the beds and shores of all navigable waters
in the state up to and including the line of ordinary
high tide, in waters where the tide ebbs and flows, and

STATE CONSTITUTION. 181

up to and including the line of ordinary high water
within the banks of all navigable rivers and lakes :
Provided, That this section shall not be construed so as
to debar any person from asserting his claim to vested
rights in the courts of the state.

Sec. 2. The State of Washington disclaims all title o^^iership

o disclaimed to

in and claim to all tide, swamp and overflowed lands ^^'^^^^'^ \a.nas.
patented by the United States : Provided, The same is
not impeached for fraud.

ARTICLE XVin. — STATE SEAL.

Section 1. The seal of the State of Washington Design of.
shall be a seal encircled with the words: " The seal of
the State of Washington," with the vignette of Gen.
George Washington as the central figure, and beneath
the vignette the figures " 1889."

ARTICLE XIX. — EXEMPTIONS.

Section 1. The Legislature shall protect by law Homestead.
from forced sale a certain portion of the homestead
and other property of all heads of families.

ARTICLE XX.— PUBLIC HEALTH AND VITAL STATISTICS.

Section 1. There shall be established by law a state BoaJ-dof

y _ _ health.

board of health and a bureau of vital statistics in con-
nection therewith, with such powers as the Legislature
may direct.

Sec. 2. The Legislature shall enact laws to regulate Practice of

* o medicine.

the practice of medicine and surgery, and the sale of
drugs and medicines.

ARTICLE XXL — WATER AND WATER RIGHTS.

Section 1. The use of the waters of the state for ir- water rights.
rigation, mining and manufacturing purposes shall be
deemed a public use.

ARTICLE XXIL — LEGISLATIVE APPORTIONMENT.

Section 1. Until otherwise provided by law, the state ^o^^|p^°''"
shall be divided into twenty-four (24) senatorial dis- flfstricts^'
tricts, and said districts shall be constituted and num-
bered as follows : The counties of Stevens and Spokane
shall constitute the first district, and be entitled to one
senator ; the county of Spokane shall constitute the
second district, and be entitled to three senators ; the

182 STATE CONSTITUTION.

county of Lincoln shall constitute the third district,
and be entitled to one senator; the counties of Okano-
gan, Lincoln, Adams and Franklin shall constitute the
fourth district, and be entitled to one senator ; the
county of Whitman shall constitute the fifth district,
and be entitled to three senators ; the counties of Gar-
field and Asotin shall constitute the sixth district, and
be entitled to one senator ; the county of Columbia
shall constitute the seventh district, and be entitled to
one senator ; the county of Walla Walla shall consti-
tute the eighth district, and be entitled to two senators ;
the counties of Yakima and Douglas shall constitute
the ninth district, and be entitled to one senator ; the
county of Kittitas shall constitute the tenth district,
and be entitled to one senator ; the counties of Klick-
itat and Skamania shall constitute the eleventh dis-
trict, and be entitled to one senator ; the county of
Clarke shall constitute the twelfth district, and be en-
titled to one senator ; the county of Cowlitz shall con-
stitute the thirteenth district, and be entitled to one
senator ; the county of Lewis shall constitute the
fourteenth district, and be entitled to one senator ; the
counties of Pacific and Wahkiakum shall constitute
the fifteenth district, and be entitled to one senator ;
the county of Thurston shall constitute the sixteenth
district, and be entitled to one senator ; the county of
Chehalis shall constitute the seventeenth district, and
be entitled to one senator ; the county of Pierce shall
constitute the eighteenth district, and be entitled to
three senators ; the county of King shall constitute the
nineteenth district, and be entitled to five senators ;
the counties of Mason and Kitsap shall constitute the
twentieth district, and be entitled to one senator ; the
counties of Jefferson, Clallam and San Juan shall con-
stitute the twenty-first district,' and be entitled to one
senator ; the county of Snohomish shall constitute the
twenty-second district, and shall be entitled to one
senator ; the counties of Skagit and Island shall con-
stitute the twenty-third district, and be entitled to one

STATE CONSTITUTION. 183

senator ; the county of Whatcom shall constitute the
twenty-fourth district, and be entitled to one senator.

Sec. 2. Until otherwise provided by law, the re pre- First appor-

■^ '^ ' r tionment,

sentatives shall be devided among the several counties representative

° districts.

of the state in the following manner ; The county of
Adams shall have one representative ; the county of
Asotin shall have one representative; the county of
Chehalis shall have two representatives ; the county of
Clarke shall have three representatives; the county of
Clallam shall have one representative ; the county of
Columbia shall have two representatives ; the county of
Cowlitz shall have one representative ; the county of
Douglas shall have one representative ; the county of
Franklin shall have one representative ; the county of
Garfield shall have one representative ; the county of
Island shall have one representative ; the count}'' of Jef-
ferson shall have two representatives ; the county of
King shall have eight representatives ; the county of
Klickitat shall have two representatives ; the county of
Kittitas shall have two representatives ; the county of
Kitsap shall have one representative ; the county of
Lewis shall have two representatives ; the county of
Lincoln shall have two representatives ; the county of
Mason shall have one representative ; the county of
Okanogan shall have one representative ; the county of
Pacific shall have one representative ; the county of
Pierce shall have six representatives ; the county of San
Juan shall have one representative; the county of
Skamania shall have one representative ; the county of
Snohomish shall have two representatives ; the county
of Skagit shall have two representatives ; the county of
Spokane shall have six representatives ; the county of
Stevens shall have one representative; the county of
Thurston shall have two representatives ; the county of
Walla Walla shall have three representatives ; the
county of Wahkiakum shall have one representative ;
the county of Whatcom shall have two representatives ;
the county of Whitman shall have five representatives ;
the county of Yakima shall have one representative.

184

STATE CONSTITUTION.

State consti-
tution, how
amended.

Convention
to amend
constitution,
how called.

Voters must
ratify.

Boundaries of
state defined.

ARTICLE XXIII. — AMENDMENTS.

Section 1. Any amendment or amendments to this
constitution may be proposed in either branch of the
Legislature, and if the same shall be agreed to by two-
thirds of the members elected to each of the two houses,
such proposed amendment or amendments shall be
entered in their journals, with the ayes and noes there-
on, and be submitted to the qualified electors of the
state for their approval, at the next general election, and
if the people approve and ratify such amendment or
amendments, by a majority of the electors voting thereon,
the same shall become part of this constitution, and
proclamation thereof shall be made by the Governor :
Provided, That if more than one amendment be sub-
mitted, they shall be submitted in such a manner that
the people may vote for or against such amendments
separately. The Legislature shall also cause the amend-
ments that are to be submitted to the people to be pub-
lished for at least three months next preceding election,
in some weekly newspaper in every county where a
newspaper is published throughout the state.

Sec. 2. Whenever two-thirds of the members elected
to each branch of the Legislature shall deem it neces-
sary to call a convention to revise or amend this con-
stitution, they shall recommend to the electors to vote
at the next general election for or against a conven-
tion, and if a majority of all the electors voting at said
election shall have voted for a convention, the Legisla-
ture shall, at the next session, provide by law for call-
ing the same ; and such convention shall consist of a
number of members not less than that of the most nu-
merous branch of the Legislature.

Sec. 3. Any constitution adopted by such conven-
tion shall have no validity until it has been submitted
to and adopted by the people.

ARTICLE XXIV. — BOUNDARIES.

Section 1. The boundaries of the State of Washing-
ton shall be as follows : Beginning at a point in the
Pacific ocean one marine league due west of and oppo-

STATE CONSTITUTION. 185

site the middle of the mouth of the north ship channel
of the Columbia river, thence running easterly to and
up the middle channel of said river and where it is di-
vided by islands up the middle of the widest channel
thereof to where the forty-sixth parallel of north lati-
tude crosses said river, near the mouth of the Walla
Walla river ; thence east on said forty-sixth parallel of
latitude to the middle of the main channel of the Sho-
shone or Snake river ; thence follow down the middle
of the main channel of Snake river to a point opposite
the mouth of the Kooskooskia or Clear Water river ;
thence due north to the forty-ninth parallel of north
latitude ; thence west along said forty-ninth parallel of
north latitude to the middle of the channel which sep-
arates Vancouver's Island from the continent, that is
to say to a point in longitude 123 degrees, 19 minutes
and 15 seconds west; thence following the boundary
line between the United States and British possessions
through the channel which separates Vancouver's
Island from the continent to the termination of the
boundary line between the United States and British
possessions at a point in the Pacific ocean equi-distant
between Bonnilla point on Vancouver's Island and
Tatoosh Island lighthouse ; thence running in a south-
erly course and parallel with the coast line, keeping
one marine league off shore, to place of beginning.

ARTICLE XXV. — JURISDICTION.

Section 1. The consent of the State of Washington J^^'ji^^/g^^ris-^
is hereby given to the exercise, by the congress of the ^^}^°^ jJa^cts
United States, of exclusive legislation in all cases what- onand^^^^^
soever over such tracts or parcels of land as are now
held or reserved by the government of the United States
for the purpose of erecting or maintaining thereon
forts, magazines, arsenals, dockyards, lighthouses and
other needful buildings, in accordance with the pro-
visions of the seventeenth paragraph of the eighth
section of the first article of the constitution of the
United States, so long as the same shall be so held and
reserved by the United States : Provided, That a suffi-

186

STATE CONSTITUTION.

Exception.

Religious
toleration
guaranteed.

Rights to un-
appropriated
public lands
disclaimed.

cient description by metes and bounds, and an accurate
plat or map of each such tract or parcel of land be filed
in the proper office of record in the county in which
the same is situated, together with copies of the orders,
deeds, patents or other evidences in writing of the title
of the United States : And provided, That all civil
process issued from the courts of this state, and such
criminal process as may issue under the authority of
this state, against any person charged with crime in
cases arising outside of such reservations, may be
served and executed thereon in the same mode and
manner, and by the same officers, as if the consent
herein given had not been made.

ARTICLE XXVI. — COMPACT WITH THE UNITED STATES.

The following ordinance shall be irrevocable without
the consent of the United States and the people of this
state :

First : 'that perfect toleration of religious sentiment
shall be secured, and that no inhabitant of this state
shall ever be molested in person or property on account
of his or her mode of religious worship.

Second: That the people inhabiting this state do
agree and declare that they forever disclaim all right
and title to the unappropriated public lands lying
within the boundaries of this state, and to all lands
lying within said limits owned or held by any Indian
or Indian tribes ; and that, until the title thereto shall
have been extinguished by the United State, the same
shall be and remain subject to the disposition of the
United States, and said Indian lands shall remain
under the absolute jurisdiction and control of the Con-
gress of the United States, and that the lands belong-
ing to citizens of the United States residing without
the limits of this state shall never be taxed at a higher
rate than the lands belonging to residents thereof, and
that no taxes shall be imposed by the state on lands or
property therein belonging to or which may be here-
after purchased by the United States or reserved for
use: Provided, That nothing in this ordinance shall
preclude the state from taxing, as other lands are

STATE CONSTITUTION. 187

taxed, any lands owned or held by any Indian who has
severed his tribal relation, and has obtained from the
United States or from any person a title thereto by
patent or other grant, save and except such lands as
have been or may be granted to any Indian or Indians
under any act of Congress containing a provision
exempting the lands thus granted from taxation,
which exemption shall continue so long and to such an
extent as such act of Congress may prescribe.

Third: The debts and liabilities of the Territory of pe^ts of tem-

•^ tory assumed.

Washington, and payment of the same, are hereby
assumed by this state.

Fourth : Provision shall be made for the establish- pubuo°schoois
ment and maintenance of systems of public schools guaranteed.
free from sectarian control, which shall be open to all
the children of said state.

ARTICLE XXVII. — SCHEDULE.

In order that no inconvenience may arise by reason
of a change from a territorial to a state government, it
is hereby declared and ordained as follows :

Section 1. No existing rights, actions, suits, pro-
ceedings, contracts or claims shall be affected by a
change in the form of government, but all shall con-
tinue as if no change had taken place ; and all process
which may have been issued under the authority of
the Territory of Washington previous to its admission
into the Union shall be as valid as if issued in the
name of the state..

Sec. 2. All laws now in force in the Territory of Jf^y o°™i""
Washington, which are not repugnant to this constitu- ^'^s'^o^ ^^i^"^-
tion, shall remain in force until they expire by their
own limitation, or are altered or repealed by the legis-
lature: Provided^ That this section shall not be so
construed as to validate any act of the legislature of
Washington Territory granting shore or tide lands to
any person, company or any municipal or private cor-
poration.

Sec. 3. All debts, fines, penalties and forfeitures, ^tc^^^^urT^'
which have accrued, or may hereafter accrue, to the *° ^^^^^-

188 STATE CONSTITUTION.

Territory of Washington, shall inure to State of Wash-
ington,
talfe^n unde°/^^ ^EC. 4. All recognizances heretofore taken, or which
ermnentTOl?! ^'^^y be taken before the change from a territorial to a
government, statc government, shall remain valid, and shall pass to
and may be prosecuted in the name of the state, and
all bonds executed to the Territory of Washington or
to any county or municipal corporation, or to any offi-
cer or court in his or its official capacity, shall pass to
the state authorities and their successors in office, for
the uses therein expressed, and may be sued for and
recovered accordingly, and all the estate, real, per-
sonal and mixed, and all judgments, decrees, bonds,
specialties, choses in action, and claims or debts, of
whatever description, belonging to the Territory of
Washington, shall inure to and vest in the State of
Washington, and may be sued for and recovered in
the same manner, and to the same extent, by the State
of Washington, as the same could have been by the
Territory of Washington.
Penal actions. Sec. 5. All Criminal prosecutions and penal actions
which may have arisen, or which may arise, before
the change from a territorial to a state government,
and which shall then be pending, shall be prosecuted
to judgment and execution in the name of the state.
All offenses committed against the laws of the Terri-
tory of Washington, before the change from a terri-
torial to state government, and which shall not be
prosecuted before such change, may be prosecuted in
the name and by the authority of the State of Wash-
ington, with like effect as though such change had not
taken place ; and all penalties incurred shall remain
the same as if this constitution had not been adopted.
All actions at law and suits in equity which may be
pending in any of the courts of the Territory of Wash-
ington, at the time of the change from a territorial to
a state government, shall be continued and transferred
to the court of the state having jurisdiction of the sub-
ject matter thereof.

Sec. 6. All officers now holding their office under

STATE CONSTITUTION. 18^

the authority of the United States, or of the Territory

of Washington, shall continue to hold and exercise PubUc officers.

their respective offices until they shall be superseded by

the authority of the state.

Sec. 7. All officers provided for in this constitution, First election

^ ' of officers.

including a county clerk for each county, when no
other time is fixed for their election, shall be elected at
the election to be held for the adoption of this consti-
tution on the first Tuesday of October, 1889.

Sec. 8. Whenever the judge of the superior court of peTof cases^^"
any county, elected or appointed under the provisions
of this constitution, shall have qualified, the several
causes then pending in the district court of the terri-
tory, except such causes as would have been within
the exclusive jurisdiction of the United States District
Court, had such court existed at the time of the com-
mencement of such causes within such county, and the
records, papers and proceedings of said district court,,
and the seal and other property pertaining thereto,,
shall pass into the jurisdiction and possession of the
superior court of such county. And where the judge
is elected for two or more counties, it shall be the duty
of the clerk of the district court having custody of such
papers and records to transmit to the clerk of such
county or counties, other than that in which such rec-
ords are kept, the original papers in all cases pending
in such district and belonging to the jurisdiction of
such county or counties, together with transcript of so
much of the records of said district court as relate to
the same ; and until the district courts of the territory
shall be superseded in manner aforesaid, the said dis-
trict courts and the judges thereof shall continue with
the same jurisdiction and powers, to be exercised in the
same judicial districts, respectively, as heretofore con-
stituted under the laws of the territory. Whenever a
quorum of the judges of the Supreme Court of the state
shall have been elected and qualified, the causes then
pending in the Supreme Court of the territory, except
such causes as would have been within the exclusive
jurisdiction of the United States Circuit Court, had

190 STATE CONSTITUTION.

such court existed at the time of the commencement of
such causes, and the papers, records and proceedings
of said court, and the seal and other property pertain-
ing thereto, shall pass into the jurisdiction and posses-
sion of the Supreme Court of the state, and until so
superseded, the Supreme Court of the territory and the
judges thereof shall continue with like powers and jur-
isdiction as if this constitution had not been adopted.
Court seals. Sec. 9. Until otherwise provided by law, the seal

now in use in the Supreme Court of the Territory shall
be the seal of the Supreme Court of the State. The
seal of the superior courts of the several counties of the
state shall be, until otherwise provided by law, the
vignette of General George Washington, with the

words: "Seal of the superior court of county,"

surrounding the vignette." The seal of municipali-
ties, and of all county officers of the territory, shall be
the seals of such municipalities and county officers, re-
spectively, under the state, until otherwise provided by
law.
raTe^s^'tobe"'* Sec. 10. When the state. is admitted into the Union,
to^sup^erior and the superior courts in their respective counties or-
ganized, the books, records, papers and proceedings of
the probate court in each county, and all causes and
matters of administration pending therein, shall, upon
the expiration of the term of office of the probate judges,
on the second Monday in January, 1891, pass into the
jurisdiction and possession of the superior court of the
same county created by this constitution, and the said
court shall proceed to final judgment or decree, order
or other determination, in the several matters and
causes as the territorial probate court might have done
if this constitution had not been adopted. And until
the expiration of the terra of office of the probate
judges, such probate judges shall perform the duties
now imposed upon them by the laws of the territory.
The superior courts shall have appellate and revisory
jurisdiction over the decisions of the probate courts, as
now provided by law, until such latter courts expire by
limitation.

Court.

STATE CONSTITUTION. IQI

Sec. 11. The Legislature, at its first session, shall
provide for the election of all officers whose election is
not provided for elsewhere in this constitution, and fix
the time for commencement and duration of their term.

Sec. 12. In case of a contest of election between Ar^t^lfection
candidates, at the first general election under this
constitution, for judges of the Superior Courts, the
evidence shall be taken in the manner prescribed by
the territorial laws, and the testimony so taken shall
be certified to the Secretary of State; and said officer,
together with the Governor and Treasurer of State,
shall review the evidence and determine who is entitled
to the certificate of election.

Sec. 13. One representative in the congress of the Repre-

" sentative

United States shall be elected from the state at large, m congress.
at the first election provided for in this constitution ;
and thereafter at such times and places and in such
manner as may be prescribed by law. When a new
apportionment shall be made by congress, the Legis-
lature shall divide the state into congressional districts,
in accordance with such apportionment. The vote cast
for representative in congress, at the first election, shall
be canvassed and the result determined in the manner
provided for by the laws of the territory for the canvass
of the vote for delegate in congress.

Sec. 14. All district, county and precinct officers, District.

^ -J r ' county and

who may be in office at the time of the adoption of p^^^^^^^^ j^^^^
this constitution, and the county clerk of each county o^ce until i89i.
elected at the first election, shall hold their respective
offices until the second Monday of January, A. D. 1891,
and until such time as their successors may be elected
and qualified, in accordance with the provisions of this
constitution ; and the official bonds of all such officers
shall continue in full force and effect as though this
constitution had not been adopted. And such officers
shall continue to receive the compensation now pro-
vided until the same be changed by law.

Sec. 15. The election held at the time of the adop- Ejection to

^ adopt consti-

tion of this constitution shall be held and conducted in conduct^d^

192

STATE CONSTITUTION.

State constitu-
tion in effect,
when.

Separate

articles

submitted.

Female
suffrage.

Prohibition
article.

Fcfrm of ballot.

all respects according to the laws of the territory, and
the votes cast at said election for all officers (where no
other provisions are made in this constitution), and
for the adoption of this constitution and the several
separate articles, and the location of the state capital,
shall be canvassed and returned in the several counties
in the manner provided by territorial law, and shall be
returned to the Secretary of the Territory in the
manner provided by the enabling act.

Sec. 16. The provisions of this constitution shall be
in force from the day on which the president of the
United States shall issue his proclamation declaring
the State of Washington admitted into the Union, and
the terms of all officers elected at the first election under
the provisions of this constitution shall commence on
the Monday next succeeding the issue of said procla-
mation, unless otherwise provided herein.

Sec. 17. The following separate articles shall be sub-
mitted to the people for adoption or rejection at the
election for the adoption of this constitution : Separate
article No. 1. "All persons, male and female, of the age
of 21 years, or over, possessing the qualifications, pro-
vided by this constitution, shall be entitled to vote at
all elections." Separate article No. 2. "It shall not be
lawful for any individual, company or corporation,
within the limits of this state, to manufacture, or cause
to be manufactured, or to sell, or offer for sale, or in
any manner dispose of, any alcoholic, malt or spirituous
liquors, except for medicinal, sacramental or scientific
purposes." If a majority of the ballots cast at said
election on said separate articles be in favor of the
adoption of either of said separate articles, then such
separate articles so receiving a majority shall become
a part of this constitution and shall govern and con-
trol any provision of the constitution in conflict there-
with.

Sec. 18. The form of ballot to be used in voting for
or against this constitution, or for or against the separate

STATE CONSTITUTION.

193

articles, or for the permanent location of the seat of
government, shall be :

1. For the Constitution.
Against the Constitution.

2. For Woman Suffrage Article.
Against Woman Suffrage Article.

3. For Prohibition Article.
Against Prohibition Article.

4. For the permanent location of the seat of Govern-
ment. [Name of place voted for.]

Sec. 19. The Legislature is hereby authorized to ap- ^JXmzed^to^
propriate from the state treasury sufficient money to ^^^ *^®^°^^'^°^'
pay any of the expenses of this convention not provided
for by the enabling act of congress.

CERTIFICATE.

We, the undersigned, members of the convention to
form a constitution for the State of Washington, which
is to be submitted to the people for their adoption or
rejection, do hereby declare this to be the constitution
formed by us, and in testimony thereof, do hereunto
set our hands, this twenty-second day of August, anno
domini, one thousand eight hundred and eighty-nine.

JOHN P. HOYT, President.
J. J. BROWNE.
N. G. BLALOCK. w

JOHN F. GOWEY,
FRANK M. DALLAM,
JAMES Z. MOORE,
E. H. SULLIVAN.
GEORGE TURNER,
AUSTIN MIRES,
M. M, GODMAN,
GWIN HICKS,
WM. F. PROSSER,
LOUIS SOHNS,

A. A. LINDSLEY,

J. J. WEISEN BURGER,
P. C. SULLIVAN,
R. S. MORE,
THOMAS T. MINOR,
J. J. TRAVIS.
ARNOLD J. WEST,
CHARLES T. FAY,
CHARLES P. COEY,
ROBT F. STURDEVANT,
JOHN A. SHOUDY,
ALLEN WEIR,
W. B. GRAY,
TRUSTEN P. DYER,
GEO. H. JONES,

B. L. SHARPSTEIN,
H. M. LILLIS,

J. F. VAN NAME,
ALBERT SCHOOLEY,
H. C. WILLISON,
T. M. REED,
S. H. MANLY,
RICHARD JEFFS,

FRANCIS HENRY,
GEORGE COMEGYS,
OLIVER H. JOY,
DAVID E DURIE,
D. BUCHANAN,
JOHN R. KINNEAR.
GEORGE W. TIBBETTS,
H. W. FAIRWEATHER,
THOMAS C. GRIFFITTS,

C. H. WARNER,

J. P. T. MCCROSKEY,
S. G. COSGROVE,
THOS. HAYTON,
SAM'L H. BERRY,

D. J. CROWLEY,

J. T. Mcdonald,

JOHN M. reed.
EDWARD ELDRIDGE,
GEO. H. STEVENSON,
SILVIUS A. DICKEY,
HENRY WINSOR,
THEODORE L. STILES,
JAMES A. BURK,
JOHN McREAVY,
R. O. DUNBAR.
MORGAN MORGANS,
JAS. POWER,'
B. B. GLASCOCK,
O. A. BOWEN,
HARRISON CLOTHIER,
MATT J. MCELROY,
J. T. ESHELMAN,
ROBERT JAMIESON.
HIRAM E. ALLEN,
H. F. SUKSDORF,
J. C. KELLOGG.

JNO. I. BOOGE, Chief Clerk.

—13

195

RULES AND EEGULATIONS, BY THE STATE BOAED OF

EDUCATION.

Authorized by the Code of Public Instruction, section 27 : "The said board
shall have power — Second^ to prepare a course or courses of study for the
primary, grammar and high school departments of the common schools, and
to prescribe such rules for the general government of the common schools as
shall secure regularity of attendance, prevent truancy, secure efficiency and
promote the true interests of the common schools."

TEACHERS.

RULE I.

The teachers in the public schools of this state shall follow the prescribed
course of study, and enforce the rules and regulations of the board of educa-
tion ; shall keep records, use blanks and render reports according to instruc-
tions.

RULE II.

Teachers shall be held responsible for the care of all school property en-
trusted to them ; shall frequently inspect the same, and promptly report to
the district clerk any damage it may have received.

RULE III.

Teachers shall prepare a program of daily exercises, a copy of which shall
be posted in a conspicuous place in the school room.

RULE IV.

Teachers shall exercise watchful care over the conduct and habits of the
pupils while under their jurisdiction.

RULE V.

Teachers shall maintain strict order and discipline in their schools at all
times. Any neglect of this requirement will be considered good cause for dis-
missal. Corporal punishment may be resorted to when it becomes necessary
to the preservation of proper discipline. No cruel punishment shall be inflicted:
and no teacher shall administer punishment on or about the head of any pupil.

RULE VI.

In any case of misconduct or insubordination, when the teacher deems it
necessary for the good of the school, he may suspend a pupil, and shall imme-
diately notify the directors of the district thereof for further action.

RULE VII.

Every public school teacher shall give vigilant attention to the temperature
and ventilation of the school room, and shall see that the doors and windows
are open at each intermission, for the purpose of changing the atmosphere of
the room.

RULE vin.

Teachers shall have the right, and it shall be their duty, to direct and con-
trol within reasonable limits the studies of their pupils : Provided^ That all
pupils' shall receive instruction in the branches included in the prescribed
course of study.

196 RULES AND REGULATIONS.

RULE IX.

The use of tobacco in any form or place by a teacher is discountenanced,
and the use of alcoholic stimulants in any form or place, as a beverage, is pro-
hibited. The use of tobacco or any other narcotic on the school premises by
a teacher shall work a forfeiture of his certificate.

RULE X.

At the close of every term of school the teacher shall thoroughly examine
his pupils in the studies of the term, using written questions and requiring
written answers whenever practicable, and the standing of each pupil in the
examination shall be noted accurately upon the school register. A report of
the examination and standing of the pupils shall be forwarded to the county
superintendent,

RULE XI.

Teachers shall require excuses from the parents or guardians of pupils,
either in person or by written note, in all cases of absence, tardiness or dis-
missal before the close of school, and no excuse shall be deemed valid except
that of sickness or necessary employment. The teacher shall be the judge of
the sufficiency of excuses, subject to an appeal to the directors.

RULE XII.

Whenever the unexcused absences of any pupil during any term shall amount
in the aggregate to five days, he shall be reported to the directors, and the
teacher shall suspend him until the opinion of the directors shall be given.
For this purpose an unexcused tardiness or unexcused absence for half a day
or less shall be deemed a half day's absence; and any unexcused absence for
more than half a day at one time shall be reckoned as an absence for a whole
day.

RULE XIII.

In all public schools in this state the teachers shall require of their pupils
regular exercises in composition and declamation. In the preparation of pro-
grams for rhetoricals, teachers shall use every effort to secure selections of a
high literary character, and to make the work truly educational.

PUPILS.

RULE XIV.

Every pupil shall be punctual and regular in attendance, obedient to all
rules of the school, diligent in study, respectful and obedient to teachers, and
kind and obliging to schoolmates.

RULE XV.

Willful disobedience, habitual truancy, vulgarity or profanity, the use of
tobacco on or about the school premises, stealing, the carrying of deadly
weapons, the carrying or using of dangerous playthings, shall constitute good
cause for suspension or expulsion from school.

RULE XVI.

As soon as dismissed, pupils shall leave the school premises and go directly
to their homes. Loitering on the way to and from school is positively for-
bidden.

RULE xvn.

Pupils shall give attention to personal neatness and cleanliness, and any
who repeatedly fail in this respect may be sent home to be prepared properly
for school.

197

SYNOPSIS OF OFFICIAL OPINIONS AND RULINGS
ON QUESTIONS OF SCHOOL LAW, IN FORCE
UNDER THE CODE OF PUBLIC INSTRUCTION.

BY ATTOENEY GENERAL.

1. Any person who is actually the head of a family; that is, who Sees. 4 and 5
is under leg'al obligation to provide for the support and education

of persons dependent upon him, and who is in fact providing for
their education and support, is the head of a family for the pur-
pose of signing petitions relating to school matters, whether he is
a legal voter or not. Any person who is not the head of a family
within the definition given above is not qualified to sign such pe-
tition, though he be a legal voter. — Jones, Nov. 3, 1891.

2. When a petition is presented to a county superintendent Sees. 4 and 5.
praying for the organization of a new school district, he may,

after he has heard all the evidence presented by the parties inter-
ested, exercise his judgment, within reasonable limits, in the or-
ganization of such new district and the fixing of its boundaries,
and in so doing, he may correct any mistakes that 'may have been
made in the description given in the petition, and in a proper
case modify the boundaries described therein. — J ONES.

3. A person can not legally hold the office of school district di- Sec. 33.

^ B ./ Twelfth.

rector and that of school district clerk at one and the same time.

—Jones, Aug. 23, 1892.

4. Children of school age, residing upon military reservations ^®?p^?-,^
lying within any school district, constitute a legitimate portion of

the school population of the district and should be enumerated as
other children are. — Jones.

5. If a teacher is a near relative of a member of the school dis- Sec. 51.
trict board, he is not by reason of such relationship alone, ren-
dered ineligible to election as a teacher in a school under the
management of such board of directors. — Jones.

6. When cities, in extending their limits, take in other dis- Sec. 72.
tricts or parts of districts, and in so doing take in a part or all of

the school district officers of such included school districts, the
officers so taken into the city district do not become a part of the
board of directors of the city districts so extending their limits.—
Jones, Aug. 22, 1890.

7. The stated reading of the Bible in the public schools of this Sec. no.
state is a religious exercise within the meaning of the constitu-
tion, and as such is thereby prohibited in section 11, article 1 of

that document. — Jones, Sept. 19, 1891.

8. County superintendents can be compelled by mandamus to
furnish to the Superintendent of Public Instruction all informa-
tion specifically required by law, and such other information as
the Superintendent of Public Instruction may desire in the admin-
istration of his office, such information to be of such a character as

198 OPINIONS AND RULINGS.

the county superintendent possesses or as he can reasonably ob-
tain. Fora persistent refusal to furnish such information, he may
be removed from his office. In turn, school district clerks may be
compelled by mandamus to furnish to the county superintendent
all information required by law, and for a persistent refusal to do
so, they may be removed from office. — WINSTON, Aug". 18, 1899.

9. The practice of tending bar during- vacation time is sufficient
cause, if proven, to justify the revocation of a teacher's certifi-
cate.—Winston, Aug. 24, 1900.

10. A union high school district cannot be formed by the union
of school districts lying in different counties. — Stratton, Jan. 30,
1901.

11. In case a school is closed by order of the board of directors,
because of the prevalence of a contagious disease in the district,
the teacher is entitled to his wages during the time the school is
so closed, and he cannot be required to make up the time lost by
the closing of the school, unless it is so stipulated in his contract
with the directors.— Stratton, March 1, 1901.

12. In case of the formation of a new school district by the divis-
ion of an old district or districts, the basis of the division of the
funds of the ol-d district or districts should be the ratio of the
number of school children in each district at the time of the for-
mation of the new district. — Stratton, March 22, 1901.

DECISIONS BY STATE SUPERINTENDENT.

See Sees 2 4 ^' ^^^ powers and duties of a county superintendent of common
5, 6, 12, 14, 30-38. schools, under the law, are mainly executi ve and supervisory. He
has, in addition, limited judiciary power in cases of hearing- peti-
tions and appeals; but in the exercise of this power he should not
lay aside his executive and supervisory functions and assume the
attitude of a judge in a case at law, leaving to the parties inter-
ested the entire burden of conducting the investigation. He
should, on the contrary, exercise his other official powers to the
extent necessary to enable him to investigate thoroughly the mat-
ter before him, elicit all necessary testimony, and thus have at
hand the data upon which he will be able to render the just and
equitable decision required of him by law.

Sec. 175. 2. When the officers of a new school district have been ap-

pointed, and have qualified according to law, the new district is
fully organized and possesses all the powers of any other school
district, though by a failure to have the required amount of school
within one year it may forfeit its organization and cease to exist
as a corporation.

Sec. 33. 3. The terms of office of all the first officers of a new school dis-

^^® '' ■ trict expire at the time of the first annual election succeeding its
organization, whether those officers were appointed by the county
superintendent or hold their positions by virtue of a previous elec-
tion in the old district or districts from which the new district
was taken. They are only temporary officers in either case.

OPINIONS AND RULINGS. 199

4. For the purpose of visitation by the county superintendent, Sec. 33.
the term '^school" is construed to mean a department or room — a
distinct collection of pupils under the supervision or instruction

of a teacher, though that department, room or collection, may be
but a part of the system or systems of schools of a city or town.
Any other interpretation of the term would defeat the primary
object of the law.

5. The successors of all school district officers appointed by the s^^^^-
county superintendent, should be elected at the next annual school
election succeeding their appointment.

6. In case a school district should fail to elect officers at the
time and in the manner prescribed by law, the officers whose
terms of office expire at the time of such election should have

taken place, do not of right hold over, or continue in office until Sees. 33, 39, 48.
the next or some subsequent annual election. This opinion is
based upon the fact that school district officers, by failing to order
the annual election to be held, at which all school district officers
must be elected, might continue themselves in office perpetually,
by giving no opportunity for the electors to express their will as
to whom they desire as the officers of their district. In such cases
the county superintendent should, upon a petition, declare such
offices vacant, and should appoint other officers to fill the vacan-
cies, in accordance with the wishes of the electors of the district.
If, however, no protest is made by the people of the district, the
old officers may be allowed to continue in office, and their acts will
be perfectly legal. They are at least, officers de facto.

7. A board of directors cannot dismiss a teacher simply because S^^^^*^-
the teacher is unpopular, or does not give general satisfaction.
They must first establish the fact that he is incompetent, or that

he has violated the law or the terms of his contract. Neither can
boards of directors make contracts that are not in accordance with
law.

8. The spirit of the code is that school houses shall be used for Sec. 40.
public school purposes^ and all incidental uses must be under such
restrictions as to result in no injury to the school or to the school
property.

9. Boards of directors and other school officers possess such Sec. 40.
powers as are specifically delegated to them by law, and such
other implied powers as are necessary in order to transact all bus-
iness specifically prescribed by law. In other words, their powers

are ministerial, not plenary.

10. It is the duty of boards of directors to make all necessary sec. 43.
rules and regulations for the systematic transaction of their official
business, and to transact all business as a board., at board meetings.

11. In the absence of any by-law of the board prescribing the See. 43.
manner of calling them, special meetings of the board of directors

may be called by the chairman, or by a majority of the board.

12. A board of directors cannot legally employ a minor child of See. 45.
one of the directors to perform services for the district unless such
child has been first emancipated by its parent. Unless the child

200

OPINIONS AND RULINGS.

Sec. 49.
Third.

Sec. 49.

Fifth.

Sec. 64.

Sec. 99.
Sec. 148.

Sec. 112.

Sec. 146.

Sees. 53, 54,

57, 58.

has been emancipated, the parent may lawfully claim its wages,
and thus the director would be placed in the attitude of auditor of
his own accounts against the district.

13. All persons between the ages of five and twenty-one years,
whether married or single, residing in any school district on the
first day of June, should be enumerated by the school district clerk.
The simple fact that a person is married does not debar him or her
from the privileges of the common school in this state, under ex-
isting laws.

14. The notice to be given by the school district clerk, of all
meetings of the board of directors, is not a notice to the public,
but simply a notice to the members of the board. A failure to
give the required notice does not, of itself, invalidate the meeting,
provided all members of the board actually attend the meeting
and participate in its transactions.

15. It is the duty of the directors to provide for and maintain a
public school in the district, open to all children of school age re-
siding therein, but they have no power to apply the public school
money to the maintenance of any private school, for the benefit of
individual pupils of the district.

16. A teacher does hot forfeit his certificate by non-attendance at
a teachers' institute, but simply renders il forfeitable in case he has
not a valid excuse for non-attendance. In other words, Si, forfeiture
does not and cannot exist until a declaration- of the forfeiture has
been made by the proper authority.

17. That provision of the school law which requires the school
district clerk to certify to the county auditor the levy of special
taxes on or before the first day of September of the year in which
the levy is ordered to be made, is not mandatory in regard to the
time of making the certificate. That is to say, a failure to make
the certificate on or before the first day of September does not in-
validate the levy. The county auditor may lawfully receive the
certificate and enter the levy upon his books at any time prior to
closing them. But a special tax levied one year cannot be certified
and entered upon the auditor's books the next year. Any special
levy is based upon the assessment of the year in which it is made,
and it cannot consistently be based upon the assessment of one
year and collected upon the assessment of another.

18. The law requiring a county superintendent to grant tempo-
rary certificates under certain conditions is mandatory, provided
that the conditions contemplated by the law are complied with ;
and the certificate in lieu of which the temporary certificate is
granted, or upon which the application is based, need not be a
certificate which is in full force and effect at the time the applica-
tion is made.

19. A contract to teach does not, either directly or by implica-
tion, include the doing of janitor work by the teacher ; and unless
a contract to teach specifically states that the teacher is to per-
form that service, the directors must provide some person other
than the teacher to perform duties of janitor for the school.

201

FORMS FOR USE OF SCHOOL OFFICERS AND TEACHERS.

Form No. 1.

County Superintendent's Annual Report to State Superintendent of Public

Instruction,

Not printed with laws.]

Form No. 2.

Petition to County Superintendent, Praying for Formation of a New School

District.

To THE SUPBRINTENDENT OF COMMON SCHOOLS COTJNTY, WASHINGTON :

We, the undersigned, being heads of families and lawful petitioners for the purpose herein
set forth, do hereby petition you to form a school district in the county of , State of Wash-
ington, with the following boundaries, viz. : [Here describe boundaries.] Our reasons for
asking for the formation of the above described district are as follows, viz. : [ Here give
reasons.] Following is a correct list of the names of children of school age residing within the
limits of the proposed district, viz. : [Here insert the names of children of school age.]

Dated this. . . .day of 190. ..

Kemabks. — This petition must be signed by at least five heads of families, who are bona fide
residents of the proposed district.

Form No. 3.

Petition to County Superintendent, Praying for Alteration of Boundaries of

School District.

To THE SUPEBINTENDBNT OE COMMON SCHOOLS, COTJNTT, WASHINGTON:

We, the undersigned, being heads of families and lawful petitioners for the purpose herein

set forth, do hereby petition you to change the boundaries of School Districts Nos , of

county, Washington, as follows, viz. : [Here describe change desired.] Our reasons for desir-
ing said change of boundaries areas follows, viz : [Here give reasons.] Following is a correc-
list of the names of children of school age residing in the territory which it is desired to have
transferred: [Here give list of names.]

Signed.

Signed.

Dated this .

.day of ,190...

202 FORMS.

Form No. 4.

Notice of Meeting to Investigate a Petition for the Formation of a School

District.

Notice is hereby given that a meeting will be held at on the day of , 190. . , at

the hour of . . o'clock . . M., for the purpose of investigating a petition which was filed in my
office on the day of , 190. . , praying for the formation of a school district, with the fol-
lowing boundaries, viz. :

And all parties are hereby notified that a full and fair investigation will be made at the time
and place above stated of all matters pertaining to the formation of the above described school
district, and if it shall be deemed advisable, the petition will be granted and the school district
formed as prayed for.

Dated this .... day of , 190...

(Signed) ,

Supt. of Com. Schools, County, Washington.

The above notice is posted by this day of , 190. . .

Remarks.— Twenty days notice must be given. See Code of Public Instruction, section 4.

Form No. 5.

Notice of Meeting to Investigate a Petition for the Alteration of School
District Boundaries.

Notice is hereby given that a meeting will be held at on the day of , 190. ., at

the hour of . . o'clock . . m., for the purpose of investigating a petition which was filed in my

office on the day of 190. . , praying for changes in the boundaries of School Districts

Nos and in the county of , State of Washington, as follows, viz. :

And all parties are hereby notified that a full and fair investigation will be made at the time
and place above stated of all matters pertaining to said change of boundaries, and that if it shall
be deemed advisable, the petition will be granted and the changes made as above described.

Dated this .... day of , 190...

(Signed) ,

Supt. of Com. Schools, County, Washington.

The above notice is posted by , this day of , 190....

Remarks.— Twenty days notice must be given. See section 5, Code of Public Instruction.

Form No. 6.

Certificate of Formation of School District.

To THE Board of Commissioners oe Cotinty, Washington:

I, , superintendent of common schools in and for county, State of Wash-
ington, do hereby certify that on the day of , 190. . , I did, in accordance with law, form

a school district in said county, and designate it " School District No. ..., county, Wash-
ington," and prescribe for it the following boundaries, viz. :

Witness my hand at my office this day of , 190. . .

Supt. of Com. Schools of County, Washington.

FORMS. 203

Form No. 7.

Certificate of Alteration of School District Boundaries.

To THE Board or Commissionebs of Cotxnty, Washington:

I, , superintendent of common schools in and for county. State of Wash-
ington, do hereby certify, that on the day of 190.., I did, in accordance with law,

change the boundaries of School Districts Nos and of said county, as follows, viz. :

Witness my hand at my office this day of , 190_.

Supt. of Com. Schools, County, Washington.

Form No. 8.

County Superintendent's Order Forming a School District.

Whebeas, In compliance with a petition praying for the formation of a school district in

the county of , State of Washington, which petition was filed in my office on the day

of , 190. . , a meeting to investigate all matters pertaining thereunto was held at on

the day of , 190. ., of which meeting due notice was given as required by law, and it

appearing from said investigation that the prayer of the petitioners should be granted:

Now, therefore, I, , superintendent of common schools in and for said county, do

hereby constitute and form said school district and designate it "School District No ,

county, Washington," and prescribe for it the following boundaries, viz. :

And all persons aflected by this action are hereby notified, that unless an appeal from this
action be taken, as provided bylaw, this action will be final; that it will be certified to the
county commissioners at their next regular meeting, and that the officers of the district will be
appointed as provided by law.

Dated this day of 190. . .

(Signed) ,

Supt. of Com. Schools, County, Washington.

Rbmaeks. — Three of the above notices should be posted in the new district, and all except
the notice following the description of the boundaries should be entered in the superintendent's
record book, together with action of county commissioners in case of an appeal, after final action
is completed.

Form No. 9.

County Superintendent's Order Changing School District Boundaries.

Whereas, In compliance with a petition praying for the alteration of boundaries of School

Districts Nos and in county, State of Washington, which petition was filed in my

office on the' day of , 190 , a meeting to investigate all matters pertaining thereunto

was held at , on the day of , 190.., of which meeting due notice was given as re-
quired by law; and it appearing from said investigation that the prayer of the petitioners should
be granted ;

Now, therefore, I, superintendent of common schools in and for said county, do

hereby grant said petition and transfer the territory hereinafter described from School District
No to School District No , as follows, viz. :

204

FORMS.

And all persons affected by this action are hereby notified, that unless an appeal shall be
taken as provided by law, this action will be final, and that it will be certified to the board of
county commissioners at their next regular meeting.

Dated this day of , 190...

Supt. of Com. Schools County, Washington.

Remarks. — At least one copy of this notice should be posted in each district afiected by the
change, and a record of the change should be made in the superintendent's office.

Form No 10.

Report of Teachers' Institute, County, Washington.

Institute convened at .on the — day of , 190 . . . Conductor, of

instructors, , , No. of days institute was in session, ; No. of teachers en-
rolled, ; total expense of institute paid by county, $

SCHEDULE OF ATTENDANCE.

Names.

Postofflce addresses.

No. days
attendance.

No. of months''

or years'' experience

had as a teacher.

Dated this.... day of , 190... ,

County Superintendent.
Remarks.— This report is required to be made within fifteen days after the close of the
Institute.

Form No. 11.

Certificate of County Treasurer to County Superintendent Showing the
Amount of Funds on Hand to be Apportioned.
To , Superintendent of Common Schools, County, Washington :

I hereby certify that the amount of school funds now in my possession and subject to appor-
tionment to the several school districts of county, State of Washington, is $ , derived

from the following sources, viz. : Taxation, ? ; fines, ? ; licenses, $ — ; other sources, %

Dated this., .day of 190...

Treasurer of County, Washington.

Form No. 12.

Certificate of County Superintendent to County Treasurer, Showing Amount
of Funds Apportioned to Each School District,

To Mr , Treasurer County, Washington :

I hereby certify that I have this day apportioned the school funds belonging to the several
school districts of county, Washington, now in your hands and subject to apportionment,

FORMS.

205

as shown by certificates now on file in my office, and that the several school districts are en-
titled to the amounts set opposite their respective numbers, as follows :

State fund County fund

a

Amount of
of state
funds.

Amount

of county

funds.

Total.

,a

§■

Amount
of state
funds.

Amount

of county

funds.

Total.

?

c.

?

c.

%

c.

?

0.

?

c.

$

c.

Dated this day of , 190.

(Signed) ,

Supt. Com. Schools, County, Washington.

FoKM No. 13.

Form for Notifying^ District Clerk of the Amount of Funds Apportioned to his
District by County Superintendent.

To CivEBK OF School District No , County, Washington :

I hereby certify that on the day of , 190 . . , funds were apportioned to your district as

follows : State school fund, | ; county school fund, | — ; total, ?

Dated this... .day of....... 190...

(Signed) ,

Supt. Com. Schools, County, Washington.

Form No. 14.

Annual Report of County Treasurer to County Superintendent Showing- Finan-
cial Status of Each School District for Preceding Year Ending June 30.

[ Not printed with laws.] ,

Form No. 15.

Appointment of Director or Clerk to Fill Vacancy.

By virtue of authority in me vested by law, I hereby appoint to the office of

of School District No ,, of county. State of Washington, to fill a vacancy caused by

[ here state cause of vacancy ] ; said to continue in office until the next annual

school election, and until his successor is elected and qualified according to law.

Done this day of ,190...

(Signed),

Supt. of Com. Schools, County, Washington.

206 FORMS.

OATH OF OFFICE.

State of Washington, County of , ss.

I, , do solemnly swear (or afQrm) that I will support the constitution of the

United Seates and the constitution of the State of Washington; that I will endeavor to pro-
mote the interests of education, and will faithfully discharge the duties of of School Dis-
trict No , in the county of , in said state. So help me God.

(Signed) ,

(Postofflce)

Subscribed and sworn to before me this day of , 190. ..

(Signed)

[Here state official character of officer who administered oath.]

Form No. 16.

Report of Defective Youth.

To THE Board of Commissionebs of County, Washington:

I herewith transmit to you a report of all defective youth residing in your county, as re-
ported to me by the clerks of the several school districts of the county.

Dated this .... day of , 190. . .

Supt. of Com. Schools, County, Washington.

Name of youth.

Character of ail-
ment.

. Name of 'parent or
guardian.

Postofflce address of parent or
guardian.

Remabks.— This report should be made to the county commissioners at their August meet-
ing, and a copy of it should be sent by the county superintendent to the director of the School
for Defective Youth, at Vancouver, Washington.

Form No. 17.

Graded School Report.

[ Form not printed with laws.]

Form No. 18.

Union High School Report.

[Form not printed with laws.]

Form No. 19.

Annual Report of School District Clerk to County Superintendent.
[Not printed with laws.]

FORMS. , 207

Form No. 20.

District Clerk's Certificate to Directors.
To THE Directors of School District No , Countt, Washington:

I hereby certify that all reports required by law to be made by teachers to school district

clerks or to county superintendents have been made by ; that the register has been

properly kept, and that said is now entitled to an order in full payment of his ser-
vices as teacher.

Dated this day of , 190. . .

Clerk of School District No

Remarks.— Directors shall not sign warrant for last month's salary until this certificate is
made a part of the clerk's records, or until by personal inspection they find that the reports
have been properly made.

Form No. 21-a.

Certificate of Special Tax Levy.

( When ordered by vote of Electors.)

State of Washington, I
CotTNTY of , f

To the Auditor of County, Washington :

I, , clerk of School District No , of said county, do hereby certify that at a

special election, duly called and held in said school district, on the day of , 190 . . , it was

voted by the legal electors of said school district that a special tax of mills on the dollar be

levied on all taxable property of said school district, as shown by the assessment roll for the
year 190. . , for the purpose of

Witness my hand this day of 190. . .

Clerk of School District No , County Washington.

Remarks.— This certificate must be filed with the auditor on or before the first day of Sep-
tember. The directors of a school district may levy a tax not exceeding five mills on the
dollar.

Form No. 21-b.

Certificate of Special Levy.
( When levied by school district directors.)

State of Washington, |
County of i

To The Auditor of County, Washington :

I, , Clerk of School District No , of said county, do hereby certify that at a

meeting of the board of directors duly held in said school district, on the — day of , 190. . ,

it was voted by the said board of directors of said school district that a special tax of — mills
on the dollar be levied on all the taxable property of said school district, as shown by the
assessment roll for the year 190..., for the purpose of

Witness my hand this day of , 190. ..

(Signed) ,

Clerk of School District No , County, Washington.

Note. — This certificate must be filed with the auditor on or before the first day of September.
Boards of directors may levy a special tax of five mills or less without a vote of the people.

208 FORMS.

Form No. 22.

School District Warrant.

No. .
. , Washington, , 190. .

Tbeasueer of County, Washington:

Pay to ,01- order, the sum of — dollars out of the [here state what fund] funds

of School District No , of said county, for [here state for what service] and charge the same

to the account of said district.

Countersigned, ' (Signed).

Clerk School District No.

Directors.

Form No. 23.

Notice of Annual Election.

Notice is hereby given that the annual election of School District No , of county,

State of Washington, will he held at , in said school district, on Saturday, the day of

May, 190. ., for the purpose of electing school district officers as follows, viz. :

One school district clerk for a term of one year.

One school district director for a term of three years.

and for the transaction of such other business as may lawfully come before the meeting.
The polls will be open from . . o'clock . . m., to . . o'clock . . m.
By order of the board of directors.
Dated this .... day of ,190...

School District Clerk.
Remarks. — Three of these notices must be posted at least ten days prior to the day of elec-
tion, one of which must be at the place of holding the election. All elections should be held at
the school house if there be one.

Form No. 24.

Notice of Election to Vote Special Tax.

Notice is hereby given that a special election will be held at , in School District No ,

of county. State of Washington, on the day of 190. . , for the purpose of deter-
mining whether a special tax of . . mills on the dollar shall be levied upon all taxable property in
said school district, for the purpose of

Those in favor of said tax levy will vote, " Tax, yes : " those opposed, " Tax, no."
The polls will be open from . . o'clock . . M. to . . o'clock . . m.
By order of the board of directors.

Dated this .... day of , 190. ..

(Signed) , •

School District Clerk.
Remarks.— All elections must be held at the school house, if there be one. At least three
notices must be posted at least ten days, one of which must be at place of holding election.

FORMS. 209

Form No. 25,

Notice of School District Bond Election,

Notice is hereby given that a special election will be held at , in School District No.. .,

of county, State of Washington, on' the — day of , 190. . , for the purpose of deter-
mining whether or not the directors of said school district shall borrow money and issue bonds
of the district in the sum of dollars, for the purpose of

Said bonds, if issued, shall bear a rate of interest not to exceed . . . per centum per annum,

payable annually ; the bonds to be payable and redeemable in years after date :

*Provided, That said school district reserves the right to pay or redeem said bonds, or any of
them, at any time after years from the date thereof.

The election will be by ballot. Those in favor of the issuing of bonds as above specified,
will vote, " Bonds, yes ; " those opposed, " Bonds, no."

The polls will be open from . . o'clock . . m. to . . o'clock . . m.

By order of the board of directors.

Date this day of , 190...

(Signed) ,

School District Clerk.

Remarks.— All elections must be held at the school house, if there be one. At least three
notices must be posted at least ten days one of which must be at the place of holding election.

Preserve one copy of this notice as a part of the records.

*If the directors do not desire the option of paying the bonds, or any part of them, before
the maximum limit stated in the notices, this clause should be erased.

Form No, 26,

Notice of Special School District Meeting,

Notice is hereby given that a special meeting of the legal school electors of School District

No of county, Washington, will be held at , in said district, on the day of

, 190. ., beginning at the hour of o'clock . . m., of said day, for the purpose of determin-
ing

By order of the board of directors.
Dated this .... day of ....... 190. .

School DistrictkClerk.
Remarks.— At least three notices should be posted at least ten days. No business can be
transacted except such as is specified in the notice. The meeting contemplated is not an elec-
tion in the strict sense of that term, but is a meeting at which the voters may assemble to dis-
cuss and determine matters pertaining to the welfare of their district.

Form No. 27.

Certificatp of Election to be Given by Clerk of Annual School Meeting to

Officers-Elect.

To , Greeting :

This is to certify that at the annual election of School District No , of county,

State of Washington, held on the day of May, 190. . , you were duly elected to the office of

of said district for a term of years, beginning on the first Monday in * next suc-
ceeding said election.

Dated this .... day of , 190. . '

(Signed) ,

Clerk of District School Election.

Remarks.- This notice should be retained by the officer elected.

*Directors take office on the first Monday in June; clerks on the first Monday in August.
—14

210

FORMS.

Form No. 28.

Certificate of Election and Oath of Office.

To Superintendent of Common Schools of County, Washington:

I hereby certify that at the annual election of School District No , county. State

of Washington, held on the — day of May, 190.., M was duly elected to the

office of of said district for a term of years, beginning on the first Monday in *

next succeeding said election. I further certify that h.. postofflce address is , State of

Washington.

(Signed) ,

Clerk of Annual School Election.

OATH OF OFFICE.

State of Washington, County of , ss.

I , do hereby solemnly swear (or affirm) that I will support the constitution of

the United States and the constitution of the State of Washington ; that I will endeavor to pro-
mote the interests of education, and will faithfully discharge the duties of of School Dis-
trict No in ihe county of , in said state. So help me God.

(Signed) ,

Subscribed and sworn to before me this day of , 190. .

[Here state official character of officer who administers oath.]

Remabks.— This notice should be given to the person elected, who must qualify on or be-
fore the day designated for him to take office, and send the oath and certificate above to the
county superintendent. He must also file with the county treasurer his signature, certified to
by some school officer. The treasurer cannot pay or register any warrants signed by any
school officers whose signatures, so certified, are not filed in his office. The county superin-
tendents should not recognize any one as director or clerk whose oath is not on file in his office.

* Directors take office on the first Monday in June and clerks on the first Monday in August.

Form No. 29.

School District Election Poll Book.

Poll book of an election held in School District No , of county. State of Wash-
ington, on the day of , 190. . , and being chosen judges of said

election, and clerk, all being duly sworn as required by law, before entering upon

the duties of their respective offices.

Number and Jiames of electors voting.

1 ; 4

2 5

3 6

Tally list.

Tally list.

FORMS. 211

We hereby certify that the whole number of electors voting at this election amounts to

that the whole number of ballots cast at this election amounts to ; that

ceived votes for director; that received votes for clerk, etc,, etc.

Attest:

Judges.

::}

Clerk of Election.
Remaeks.— Election boards will vary the tally list and certificate to suit the nature of the
election. If it be for the election of ofBcers at an annual election, the name of each person
voted for must be entered on the tally list, and a tally of the votes cast for him must be placed
opposite his name. If the election be for voting a special tax or for voting bonds, the number
of votes for and against the proposition must be entered on the tally list. The certificate must
simply contain a summary of the vote as shown by the tally list. Election boards are chosen
by the electors. The school district officers, or any part of them, may be chosen as an election
board. The poll book and all other papers should be delivered to the county superintendent.

OATH OF JUDGES OF ELECTION.

State of Washington, County op , ss.

We, and , do solemnly swear that we will, as judges of an election

to be held in and for School District No , of county, State of Washington, on this

day of , 190.., duly attend said election during its continuance; that we will not receive

any vote or ballot from any person other than such as we firmly believe to be duly qualified
voters at said election, according to law; that we will make a true and perfect return of said
election, and will in all things faithfully and impartially discharge our duties as judges of said
election to the best of our judgment and ability; and that we are not directly or indirectly
interested in any bet or wager on the result of said election. So help us God.

>• Judges.
Subscribed and sworn to this day of , 190.. .

[ Here state official character of officer administering oath.]

OATH OF CLERK OF ELECTION.

State of Washington, Coctnty of , ss.

I, do solemnly swear that I will, as clerk of an election to be held in and for

School District No , county of State of Washington, on this day of , 190. .

duly attend said election during its continuance; that I will record on the poll book of said
election the name of each person voting thereat, and faithfully and impartially discharge the
duties of clerk of said election, and that I am not directly or indirectly interested in any bet or
wager on the result of said election. So help me God.

Clerk of Election.
Subscribed and sworn to before me this — day of , 190. . .

[ Here state official character of officer administering the oath. A director may administer
it.]

Form No. 30.

Certificate of Bond Election.

State of Washington, |
County of , f

To THE TBEASUBEB OF COUNTY, WASHINGTON:

We, the undersigned, directors of School District No , of county, State of Wash-
ington, do hereby certify that at an election held in said school district on the — day of ,

190..., it was voted that the bonds of said district shall be issued by the directors thereof in the
sum of dollars, payable . . . years after date, with interest at the rate of . . per cent, per an-

212

FORMS.

num, payable annually; *and we further certify that the board of said directors of said dis-
trict reserves the right to redeem said bonds as follows, viz. :

Witness our hands this day of , 190 . . .

Attest: J

, - Directors.

School District Clerk. , )

* The people determine, at the election, the maximum time the bonds are to run. If the
directors reserve the right to pay the bonds or any portion of them prior to that date, they
shall specify such intention in their certificate to the county treasurer, to guide him in his
advertisement; if the directors do not reserve such right, this clause may be omitted from their
certificate to treasurer.

Form No. 31.

Report of County Superintendent to County Treasurer of School District
Officers Elected or Qualified.

To THE TBBASTJREB OF COUNTY, WASHINGTON :

You are hereby notified that the following named persons were duly elected to the offices

indicated, at the annual school election held on the day of 190. ; that the oath of office

of each of said persons has been filed in my office as required by law.

No. of
dist.

Name of officer.

Title of office.

Duration of
term.

Postoffice address.

Dated this day of , 190..

Supt. Com. Schools, County, Washington.

Form No. 32.

Report of County Superintendent to County Treasurer of the Appointment of
a School District Officer.

To THE Treasurer op County, Washington:

You are hereby notified that , of , has been appointed to the office of

of School District No , of this county, in place of ; that he qualified as such officer on

the day of , 190. ; that his oath of office is now on file in my office.

. Dated this .... day of ,190..

Supt. Com. Schools, County, Washington.

Remark.— All appointed officers serve until the next annual election.

Form No. 33.

Teacher's Resrister.

[Not printed with laws.]

FORMS. 213

Form No. 34.

Teacher's Contract.

To , Superintendent Common Schools:

The following contract has been made in accordance with the action of the board of directors
as found in the minutes of the meeting of day of 190. :

TEACHER'S CONTRACT.

It is hereby agreed, by and between the directors of School District No , county of ,

State of Washington, and , the holder of a teacher's certificate now in force in said

county, that said teacher is to teach, govern and conduct the public school of said district to the
best of h. . . ability, follow the course of study lawfully adopted, keep a register of the daily at-
tendance of each pupil attending said school, raake all reports required by law or by lawful
authority, and endeavor to preserve in good condition the school house, grounds, furniture, ap-
paratus and such other property of the district as mav come under the immediate supervision

of said teacher, for a term of school months, commencing on the — day of , 190.., for

the sum of dollars per month, to be paid at the end of each school month, out of the funds

of said school district, upon a warrant drawn by the directors of said school district and payable
by the county treasurer: Provided, That if said teacher shall be legally dismissed from school,
or shall have h. . . certificate lawfully annulled by expiration or otherwise, then said teacher
shall not be entitled to compensation from and after such dismissal or annullment: Provided
further. That the wages of said teacher for the last month of the school term shall not be paid
unless said teacher shall have made the reports hereinbefore mentioned.

And the directors of said school district hereby agree to keep the school house in good repair,
to provide a school register, fuel and other necessary supplies for the comfort of the school.

In witness whereof, we have hereunto subscribed our names this day oi , 190..

1

, !■ Directors.

■ J

, Teacher.

Attest: , District Clerk.

Recorded on page of Record of Contracts. ,

Supt. Common Schools.
Note. — This contract must be made in duplicate, and mailed to the county superintendent
of common schools, who shall, if it be legal, countersign the same and mail one copy to the
district clerk and one to the teacher.

Form No. 35.

Teacher's Annual or Term Report to County Superintendent or District

Clerk.
[Not printed with laws.]

Form No. 36.

Common School (Eighth-Grade) Diplomas.

[Not printed with laws.]

Form No. 37.
Teacher's Temporary Certificate.

COMMON SCHOOLS OP THE STATE OP WASHINGTON.

This is to certify that , having filed in my offtce legal evidence of being a person

of good moral character, and of possessing ability to teach and govern, is hereby granted this

214 FORMS.

temporary certificate, which entitles h to teach in the common schools of county,

Washington, until the next regular examination of teachers in said county.

This certificate is granted upon the following evidence of ability to teach, viz :

Valid until , 190. . Extended until , 190. .

Supt. Com. Schools, county, Washington.

Form No. 38.
Teacher's Special Certificate.

COMMON SCHOOLS OF THE STATE OF WASHINGTON.

This is to certify that , having filed in my office legal evidence of being a person

of good moral character, and of possessing ability to teach and govern, is hereby granted this

special certificate, which entitles h to teach the subject of in the common schools

of county. State of Washington, until revoked for cause.

This certificate is granted upon the following evidence, viz :

Dated at this day of , 190. .

Supt. Com. Schools, county, Washington.

Form No. 39.

County Superintendent's Certtficate That All Reports Have Been Made.

Office of Superintendent of Common Schools, County, Washington :

,190..

To THE Board of Directors of School District No , County, Washington:

I hereby certify that , clerk of School District No has made all reports due

from said district, to the county superintendent, for the quarter last past, including the follow-
ing :

County Superintendent.
Remarks. — This certificate is required to be made out and forwarded on or before the last
Saturday of January, April, July and October of each year, to all clerks who have made all re-
ports required by law, and the board of directors is forbidden to audit any account or issue any
warrant for services performed by any clerk until this certificate is filed with them.

Form No. 40.

Notice of Appeal to State Board of Education.

To the Secretary of the State Board of Education :

You are hereby notified that the undersigned, feeling aggrieved by the action of the super-
intendent of public instruction does hereby appeal from the decision of said superintendent
and respectfully ask that you take such action in the matter as will redress the grievance here-
inafter set forth. The action complained of is : [Here state fully and clearly the action com-
plained of.] '

FORMS. 215

State ov Washxngton, County of , ss.

I, , do solemnly swear that the above and foregoing statement is true. So help

me God.

(Signed)

Subscribed and sworn to before me this day of ....... 190 . .

[Here state official character of officer administering oath.]
Remarks. — All appeals must be taken within thirty days after the act, order or decision
complained of.

Form No. 41.

Notice of Appeal to Superintendent of Public Instruction.
To the Superintendent or Public Instruction of Washington :

You are hereby notified that the undersigned, feeling aggrieved by the action of the county

superintendent of county. State of Washington, does hereby appeal from the decision of

said , and respectfully ask that you take such action in the matter as will redress

the grievance hereinafter set forth. The action complained of is as follows, viz : [Here state
fully and clearly the action complained of.]
State op Washington, County of , ss.

I, do solemnly swear that the above and foregoing statement is true. So help

me God.

(Signed) ,

Subscribed and sworn to before me this day of , 190. .

[Here state official character of officer administering oath.]

Remarks.— All appeals must be taken within thirty days after the act, order or decision
complained of.

Form No. 42.

Appeal to County Superintendent.

To the Superintendent of Common Schools op County, Washington :

You are hereby notified that the undersigned, feeling aggrieved by the action of the board

of directors of School District No. . . , of county. State of Washington, does hereby appeal

from the decision of said board, and respectfully ask that you take such action as will redress

the grievance hereinafter set forth. The action complained of is as follows, viz : [Here state

clearly and fully the action complained of.]

State op Washington, County of , ss.

■ I, , do solemnly swear that the above and foregoing statement is true. So help

me God.

(Signed) ,

Subscribed and sworn to before me this — day of , 190. .

[Here state official character of the officer administering oath.]
Remarks.— All appeals must be taken within thirty days of the act, order or decision com
plained of.

Form No. 43.

Report of Fines Collected by Clerks of Courts and Justices of the Peace.

To the Superintendent op Common Schools, County, Washington :

You are hereby notified that the sum of ? — has been collected by me during the guarter
beginning on the first day of , 190 . . , as fines for breach of penal laws of the State of Wash-

216 FORMS.

ington, and that said money has been turned over to the county treasurer to be placed to the
credit of the common school fund.
Dated this .... day of ,190...

Remarks.— Clerks of courts and justices of the peace are required to make this report quar-
terly.

Form No. 44.

School District Officer's Signature.

Treasurer of County, Washington :

Sib — My signature, herewith transmitted for filing in your office, is in the form in which it
will hereafter appear when attached to warrants drawn upon you by the officers of this school

district during my term of office. Said term is for year . . , beginning on the first Monday of

190... (Signed)

* Director . . Clerk of School District No , County, Washington.

*Erase "Director " or " Clerk," as the case may require.

Certificate.

I hereby certify that the within signature of M is genuine, and that he is a —

of School District No

(Signed) ,

*Director . . Clerk of School District No , County, Washington.

*Erase " Director " or " Clerk," as the case may require.

Form No. 45.

Application to Raise Grade of Certificate.

[ Not printed with laws.]

Form No. 46.

Application for Comnaon School Certificate, Based on State Certificate, ( B ).
[Not printed with laws.]

Form No. 47.

Application for Common School Certificate, Based on Normal School Diploma,

etc., (C).

[ Not printed with laws.]

Form No. 48.

Map of School District.

[Not printed with laws.]

FOUMS. 21'

Form No. 49.

Report of Teachers' Examination.

I Not printed with laws.]

Form No. 50.
Code of Public Instruction.

Form No. 51,

Biennial Report of Superintendent of Public Instruction.

I Not printed with laws.]

Form No. 52.
Requisition Blank.

CALENDAE FOR THE YEAR'S DUTIES.

July 1st, fiscal year begins 67

First Monday in June, directors assume office 39

July 15th, clerks report to county superintendent 49

First Saturday in August, regular meeting of board 43

Attend to special tax levy at regular meeting of board 112

First Monday in August, clerk assumes office 48

September 1st, clerk must have certified the special tax levy to county

auditor 112

First Saturday in November, regular meeting of board 43

Last Thursday in November, legal holiday, Thanksgiving Day 56

December 1st, clerk reports to superior judge of children not attending. . 49

Christmas Day, legal holiday , 56

New Year's Day, legal holiday 56

First Saturday in February, regular meeting of board 43

First Saturday in May, regular board meeting 43

June 1st, begin taking census 49

Second Saturday in May, annual election of officers 149

(218)

ALPHABETICAL INDEX TO CODE OP PUBLIC INSTEUCTION.

A.

Agbicultukal College: Sec. Page.

Establishment 190 99

^a; oj^CTO visitors 191 99

Courses of study 192 99

Duties of regents 193 100

Departments 193 100

Experiment station 193 101

Experiment station required by act of congress 199 103

Management, in whom vested 194 101

Appointment of regents 194 101

Bonds of regents 194 101

Residence of regents 194 102

Organization of board 195 102

Treasurer 195 102

Secretary .■ -. 195 102

President, chief executive offtcer >, 196 102

Duties of offlcers ; 196 102

By-laws 197 103

General control '198 103

Congressional requirements assented to -. 200 104

Meetings of the board 201 104

Oathofofflce ,.-..... 202 104

Regents' expenses 203 104

Biennial report ; 204 105

Disbursements .-. . ..-..- 205 105

Interest in contracts — ■....-. . .-.■..■.... 206 105

Governor ex officio member of the board ; 207 105

Power to grant degrees 208 105

Construction of buildings ; 209 105

Bonds of contractors 209 106

Architects 210 106

State Auditor to issue warrants. .....; 211 106

Admission to Normal Schools 224 111

Admission to University of Washington 183 95

Annual State Tax 110 62

Appeals — To Superintendent of Public Instauction:

How taken, by persons aggrieved 36 33

From decision made by county superintendent 47 39

Appeals— To county superintendent: Mode of procedure 47 39

Appeals— To county commissioners :

In formation of school districts 3 14

In alteration of school districts .' 5 17

Appendix — 135

Appobtionmbnt of Funds:

In joint districts 18 22

By Superintendent of Public Instruction 21 25

By county superintendent 33 32

New district entitled to part of special tax , 116 65

Architects Agricultural College 210 106

Attorney General— Legal advisor Univesity of Washington 189 99

Auditor— State :

Shall notify Superintendent of Public Instruction of funds on hand. Ill 63

Shall issue warrants, agricultural college — 211 106

(219)

220 INDEX TO CODE.

Auditor— County: ' Sec. Page.

Shall extend special school tax on tax roll 112 64

Shall require certificate of qualification, when 32 30

Auditing Committee— City districts: Must audit accounts 91 56

B.

Bequests and Gratuities 186 98

Blanks — By whom printed and distributed 22 24

Boarding Houses — Normal schools 216 108

Board of Education — State :

How constituted ; tenure of office 24 27

Meetings of, annual, special 25 28

Expenses of, not to exceed $1,000 per annum 25 28

Shall adopt or readopt text-books 27 28

Shall prepare courses of study for common schools 27 28

Shall elect a secretary 27 29

Shall sit as a board of examiners 27 29

Shall prepare questions for county ^examinations 27 29

Vacancy in board, how filled 26 28

Board of DiEECTORS— City :

Shall consist of five members 76 51

Old directors in districts united by this act to continue 76 52

Members shall decide by lot terms of office 76 52

Shall provide one voting place in each ward 78 52

Shall appoint judges, etc 78 52

Shall provide registration books 78 53

Shall count votes and issue certificate of election 79 53

Shall meet as canvassing board, when 79 53

Shall take oath of office and file the same 80 54

Term of office shall commence, when 80 54

Shall elect a president and vice president, when 80 54

Shall elect a secretary and fix salary of 80 54

Shall elect officers, etc., by z)iya't>oce vote 81 54

Shall hold regular and special meetings 86 56

Shall maintain office, and meet at 87 55

Vacancies in board, how filled 89 55

Vacancies in board may be created, how 90 56

Quorum, less than, powers of 90 56

Shall not vote expenditure of more than ?200, except on contract 91 56

Accounts of, subject to inspection of county superintendent 91 56

General powers and duties 92 56

To employ and to dismiss a city superintendent 92 56

To prescribe a course of study and text-books 92 56

Shall cause enumeration to be taken 93 58

Shall report to county superintendent 93 58

Members of, shall have no pecuniary interest in contract 94 58

Members shall receive no compensation .^... ;....... 94 58

Board shall not sell school property, except 95 58

Shall advertise for bids in certain cases 96 58

Board shall report to county commissioners, what 97 59

Expenditure of funds limited 97 59

Shall pay incidental costs of bonds 126 70

Shall canvass result of vote on validation 130 74

May issue bonds for validated debt 132 74

Shall notify treasurer of the result of election 135 76

Board of Examination, State— (See Board of Education, State.)

Board of Higher Education :

Shall consist of whom 28 29

Shall adopt course of study for normal schools 29 29

Shall harmonize public school system 29 29

Bonds — School district :

District may issue, for certain purposes 117 66

Amount of, rate of interest 1 17 66

Election to determine issue of 118 66

INDEX TO CODE. 221

Bonds— S,ch.ool district— Continued. Sec. Page.

Notice of election shall state, what 117 66-

Three-fifths majority 118 67

Form of honds — registry of bonds 119 67

Must not be sold below par value 120 68

•Fees for advertising — how paid 120 68

Must be printed or lithographed 123 59

May be funded in certain districts 124 69'

Bonds issued by cities of 10,000 or more 124 70

Interest on, shall cease, when 125 70

Incidental expenses, how paid 126 70

How redeemed and canceled 127 71

Bonds of regents agricultural college 194 101

Bonds of contractors agricultural college 209 106

Boundaries of school districts 6 17

Boundaries hormonized by county superintendent 33 32

By-laws agricultural college 197 103

By-laws school for defective youth 238 114

Bonds — Refunding of:

By school districts 1 ' 131

By directors, in cities of 10,000 1 131

Exchange of new bonds for old, rate of . . ^ 1 131

Interest on new bonds, rate of 1 131

Denominations of new bonds 1 132

c.

Calendar for School Officers 176-

Census — School districts:

When and by whom taken 49 41

Shall include, what 49 41

Shall not include Indian or Mongolian children 49 41

In cities of 10,000, by whom taken 93 58

Census Enumerators— In cities of 10,000 :

Compensation of 93 58

Appointment of, by whom made ' 93 58

Shall verify returns by affidavit 93 58

Certificate of Tax Levy 112 64

Certificates and diplomas :

Certificates under former law validated 1 36 78

Life diplomas 137 78

Life diplomas 138 79

State certificates 137 78

State certificates 138 79

State certificates without examination 139 80

First grade common school certificates 137 78

Second grade common school certificates 137 78

Third grade common school certificates 137 78

Temporary common school ceitificates 137 79

Temporary common school certificates 146 83

Special common school certificates 137 79

County examinations 140 80

State examinations— applicants may take— branches for 138 79

Fee for certificate (county) 142 82

Fee for certificate (state) 138 80

Fee for diploma 138 80

Requirements for certificate (state) 138 79

Requirements for certificate (county) «, 141 81

Papers to be forwarded to State Superintendent's office 143 82

Renewal of certificates 144 82

Applicants may pass in eight subjects 145 83

Registration of certificates 147 83

Revocation of certificates .■ 148 84

University normal diploma 186 98

Normal school diploma 222 110

222 INDEX TO CODE.

Children ; Sec. Page .

Between certain ages must not be employed in certain vocations 5 127

Must present certificate of attendance at school 6 127

Cities of Ten Thousand— (See School Districts) 75 51

Clerks— School District:

In joint districts shall file oath in each county 17 22

Election, tenure of office 48 40

Shall take office, when 48 40

Shall file signature with county treasurer 62 47

Appoint ment of, to fill vacancy 48 40

Shall he clerk of special meetings of voters 30 88

Shall tile transcript of record 47 40

Shall attend meetings of hoard of directors 49 40

Shall preserve copies of all reports to county superintendents 49 40

Shall l?eep account of expenses incurred 49 42

Shall present record book for inspection at annual election 49 41

Shall take census of children of school age 49 41

Shall make a report to county superintendent 49 41

Shall give notice of annual and special meetings 49 42

Shall report employment of teachers and commencement of school 49 42

Shall issue and countersign warrants 49 42

Shall receive certain compensation 50 43

Shall certify to correctness of teachers's reports 53 44

Shall certify special tax levy to county auditor 112 64

Shall call meeting to form union disti-ict 61 47

Shall report to county superintendent all defective youth 49 41

Shall report to county superintendent defective youth 252 116

Penalty for failure to make reports 164 90

Code of Public Instruction :

By whom and to whom distributed 22 24

Official title of school laws 257 117

Commissioners— County :

Shall appoint county superintendent to fill vacancy 30 30

Shall cause record of school district boundaries to be entered upon journal. . 33 32

Shall hear appeals on formation of districts 4 15

Shall defray expenses of institute 104 61

Shall levy district bond interest tax 121 68

May levy bond sinking fund tax 121 69

Shall levy, not exceeding three mills, when 135 77

Shall withhold salary of county superintendent, when 160 89

Shall provide office for county superintendent 37 34

Shall levy tax in cities of 10,000 or more inhabitants 97 59

Shall defray expenses of defective youth 255 117

May be fined for failure to enforce compulsory law, when 256 117

Compulsory attendance, penalty 171 91

Constitution— State of Washington 137

Contracts:

Valid only when countersigned by county superintendent 33 31

Valid only for term of certificate of the holder 54 45

Declared valid under Code of Public Instruction 63 48

Penalty for violation of, by teacher 1 132

Compulsory Attendance :

(See Parents and Guardians) 71 49

School for defective youth 254 117

Compulsory Attendance, Cities of 10.000:

Children between 7 and 15 must attend six months 1 125

May attend private school 1 126

Private school must be approved by board of education 2 126

Board shall appoint truant officer 3 126

Secretary must furnish names of children not attending school 4 127

Truant officer must visit establishments where'children are employed 8 128

Truant officer shall demand names of children employed 9 128

Board shall make needful regulations regarding truants 11 129

Board to report to State Board of Education, what 12 129

INDEX TO CODE. 223

Sec. Page .

Convention or Cottntt Superintendents— By whom called, when 22 24

CoTTNTY Examinations 140 80

County Superintendent— (See Superintendent of Common Schools).

County Treasurer— (See Treasurer).

County— A unit for supervision and administration 2 13

Course OF Study:

For primary, grammar and high schools 27 28

For normal schools 29 29

For normal schools 222 110

For entrance to higher institutions 29 29

Harmonizing courses of public school system 29 29

To be adopted by boards of directors of graded and high schools 73 50

Shall be enforced by teachers 54 44

Board of directors shall adopt in cities of 10,000 92 56

Penalty for failure to comply with 166 91

Penalty for failure to enforce 174 92

Agricultural college 192 99

University of Washington 183 95

University of Washington 186 97

Courts — Superior.

Have jurisdiction in enforcing law for compulsory attendance in cities of

10,000 14 129

D.

Damages:

To school property

To books, normal schools

Defective Youth— School for

Degrees — Agricultural college

Deputy Superintendent of Public Instruction

Departments- Agricultural college

Diplomas:

Life

Life..

Fee for

May be revoked

Diplomas and Certificates:

State normal

May be revoked

University of Washington, entitle holder to teach '

Director— School district:

Election, tenure of office, failure to qualify

Eligibility, ability to read and write English

Shall take office, when

Shall file signature with county treasurer

Appointment of .

Shall take oath

May administer oaths

Shall have no pecuniary interest in contracts

Director— School for defective youth : Qualifications of

Directors— Board of:

In joint districts shall file oaths in each county

Shall employ teachers and others

Shall enforce rules, course of study, etc,

Shall provide and pay for furniture aud supplies

Shall rent, furnish, repair and insure school houses

Shall build or remove school houses, when

Shall purchase personal property, etc

Shall suspend or expel pupils, when

May exclude children from school, when

Shall provide free text-books, and books for indigent children, when

Shall require all children to be supplied with text-books

Shall exclude from school and school libraries certain classes of literature. . .

May authorize school room to be used for certain purposes

172

92

223

111

—

113

208

105

23

27

193

100

137

78

138

79

138

80

148

84

220

109

222

111

186

98

39

35

39

35

39

35

62

47

33

32

61

47

61

47

45

39

248

116

17

22

40

36

40

36

40

37

40

37

40

37

40

37

40

37

40

37

40

37

40

37

40

37

40

37

224 INDEX TO CODE.

DiKECTOiis— Board of— 6'o/;///(?/,?rf. Sec. Page.

Shall require teachers to conform to the law 40 38

Shall he liable as directors for debts, judgments 41 38

May permit adults and non-resident pupils to attend school, when 42 38

May charge tuition 42 38

Shall turn over all money collected to treasurer 42 38

May make by-laws for government of 43 38

Shall hold regular meetings, when 43 38

May hold special meetings 43 38

Shall have custody of school property 44 38

Shall have power to convey by deed, etc 44 39

Shall have power to transact business, etc 44 39

Shall sign warrants for payment of debts, etc 44 39

Shall sign and execute deeds for district 44 39

Shall call special meetings of voters, when J 56 87

Shall carry out voters' directions 158 88

Shall appoint a clerk of board j)ro tempore 49 32

Shall not sign warrant for teachers' wages, when 52 44

Shall not contract debts, when 46 39

Shall withhold warrant for last month's salary, when > 58 44

Shall make a written order for employment of teacher 55 45

May determine length of school day 66 48

Shall furnish free text-boolis, when 106 61

Shall adopt rules governing free text-books 108 61

May levy special tax not exceeding five mills 112 63

May order a special election to vote special tax 112 64

Sha 11 pay district clerks for services, when 50 43

Shall not audit accounts of clerk, when 50 43

May borrow money and issue bonds of district 117 66

Shall certify result of bond election to county treasurer 119 67

Shall canvas bids for bonds 120 68

Shall deliver bonds to treasurer 120 68

Shall cause bonds to be printed or lithographed 123 69

Shall cause clerk to post notices, when 131 74

DiEECTORS— Boards of Union Districts :

Shall consist of whom 9 18

General powers and duties 10 19

Shall establish course of study 11 19

May levy tax for certain purposes 10 19

May levy tax.for certain purposes 112 64

Disbursements— Funds agricultural college 205 105

Display of U. S. Flag 180 94

Dissection :

When permitted 179 94

Penalties for 173 92

Allowable— when 2 125

Duties:

Of superintendent of public instruction 22 23

Of state board of education 27 28

Of board of higher education 28 29

Of county superintendents 33 30

Of school directors 40 36

Of school directors in cities of 10,000 92 56

Of school clerk , 49 40

Of secretary of board in cities of 10,000 : 84 54

Of county treasurer 59 45

Of board of regents, university of Washington 186 97

Of board of regents, agricultural college 193 100

Of trustees, normal schools 215 107

Of principal, normal schools 218 109

Of trustees, school for defective youth 231 113

Of directors, school for defective youth 249 116

INDEX TO CODE. 225

E.

EUECTiONs: Sec. Page.

Of Superintendent of Public Instruction 20 23

Of county superintendent 30 29

Of school district directors 39 35

Of school district clerk 48 40

In cities of 10,000 77 52

In cities of 10,000 78 52

Blbctions, est CiTrES OP 10,000 :

Voter may be challenged — method of procedure 12 123

Board must appoint judges and clerk for each voting precinct 13 123

Board to appoint suitable voting places 15 124

Act in relation to cities of 10,000 not repealed by this act 16 124

ELBcnoNS— General :

Date of annual 149 84

Notice of time and place 150 84

Polls open, when 150 84

Oaths of election officers 151 85

Ballots 152 85

Challenges 153 86

Qualification of electors 153 86

Registration of voters 153 86

Declaring results of 154 86

Imperfect ballots 154 87

Certificates of 155 87

Tie votes .• 155 87

Poll sheets sent to county superintendent 154 87.

EiiECTiONS — Special :

For what 156 87

How called 149 84

Where held 157 88

Ten days' notice : 157 88

Directors to carry out result 158 88

Election to vote bonds 118 66

Election to validate 129 72

Location of polls 130 72

Notice of election to be given 131 74

Eligibilitt :

Of members of State Board of Education 24 27

Of deputy Superintendent of Public Instruction 23 27

Of county superintendent of common schools 31 30

Of school directors 39 35

Of applicants for certificates, state 138 79

Of applicants for certificates, common school 141 81

Of teachers 51 43

Embbgbnct Clause 258 118

EsTRATS— Moneys received from sale of, go into general school fund 133

Examinations :

Fee 103 60

Penalty for disclosing questions 159 89

Examinations :

County 140 80

State 138 79

State 27 29

Papers forwarded to State Superintendent 143 82

For admission to normal school '• ■ • 224 112

Examinations — Grammar School — ( Eighth Grade ) :

County superintendent must appoint examiners 1 130

Eligibility of examiners 1 130

Assistant examiners 1 130

Duty of examiners 2 130

Compensation of examiners 3 130

EXECTTTivE Committee — School for defective youth 242 115

—15

226 • INDEX TO CODE.

Expenses Regents: Sec. Page.

Agricultural college 203 104

University of Washington 186 98

Experiment Station 193 101

Same 191 101

F

Faculty— University of Washington. 187 98

Fees :

For certificates, county 142 82

For certificates, state 138 80

For diplomas.. . ._ 138 80

First Grade Certificates 137 78

Fines— (See Penalties).

Fines :

Go into general school fund — 133

Go into public school fund 3 129

Flags— Shall be displayed 180 94

Forms— (See page 201).

G

Graded Schools 72 50

Governor :

Shall appoint members State Board of Education 24 27

Shall appoint regents of university 184 96

Shall be ex officio visitor agricultural college 191 99

Shall be ex officio advi&ory regent agricultural college 207 105

Shall appoint regents, agricultural college 194 101

Shall appoint trustees normal schools 212 J07

Guardians— (See Parents and Guardians).

H.

He or His— Construed to mean she or hers 176 93

High Schools :

Shall be maintained 1 13

Course of Study for 27 28

Part of common schools 64 * 48

In cities of 10,000 92 57

Connection v^ith university ' 183 96

Holidays 56 45

Holder of Bonds— To notify treasurer 125 70

Holder of Warrants— May exchange for bonds 134 76

Hygiene- Penalty for not teaching 162 89

Hygienfj— Penalty for not enforcing law 163 90

I.

Indians — Not enumerated 49 41

Indigent Parents 40 37

Indigent Parents 92 57

Indigent Pupils — School for Defective Youth 255 117

Institute — County :

Must be held, when 99 60

May be held in what counties 100 60

Length of session 101 60

Compensation of teachers 102 60

Institute fund 103 60

Expenses, how paid 104 61

Compulsory attendance at 99 60

Penalty for non-attendance 168 91

J.

Janitor:

Relating to contagious diseases 68 49

Employed in cities of 10,000 92 57

INDEX TO CODE. 227

Judges of Election: sec. Page.

How chosen , 151 §5

Shall take oath , ]51 35

Shall canvass returns 154 86

Shall administer oath to voters 153 86

K.

Kindbbgj^men 181 95

Kindness TO Animals — To inculcate 65 48

Laws— (See Code of Public Instruction).
Length of School Term:

In all districts 70 49

In incorporated towns v 70 49

In cities of 10,000 92 57

Levy of State Tax— Limited to five mills Ill 63

LiBBABT — Fees for normal school 223 11 1

Life Diplomas 137 78

Licenses — LicLuor :

36 per cent, of proceeds go into county scoool fund 133

M.
Meetings— (See Elections).

Of State Board of Education 25 28

Of school district directors 43 38

Of school district directors 86 55

Of regents, University of "Washington 185 97

Of regents, Agricultural College 195 102

Of trustees. Normal School ! 217 108

Of trustees. School for Defective Youth 236 114

Of trustees, School for Defective Youth— special 239 114

Manual Training School 219 109

Model School 219 109

, Mongolians— Shall not he enumerated 49 41

N.

Non-Sectarian Control of Common Schools 110 62

Non-Sectabion Control of University 188 99

Normal Diploma from University , 186 97

Normal Schools:

Establishment 212 107

Corporate title 212 107

Trustees, appointment 213 107

Trustees, term 213 107

Trustees, officers 214 107

Trustees, hy-laws , 214 107

Trustees, no interest in contracts 227 112

Trustees, quorum 214 107

Trustees, duties 215 107

Trustees, meetings -. 216 108

Bearding houses 216 108

Principals, duties 218 10.9

Principals, expenses 218 109

Principals, annual meetings ', 225 112

»- Model school 219 109

Manual training school 219 109

Diplomas and certificates 220 109

Diplomas and certificates may be revoked 222 111

Tuition, to residents 221 110

Tuition, to non-residents 221 110

Courses of study 222 110

School year 222 111

Text-books 223 111

Library fee 223 111

Eequirements for admission 224 112

Biennial report 226 112

228 INDEX TO CODE.

o.

Oath of Office: . Sec. Page.

School district officers 61 47

Attached to certificates of election 155 87

OAa?H OF Office— Regents agricultural college 202 104

Officers— Agricultural College : Duties 196 102

Officers— Named 19 22

Superintendent of Public Instruction "• 20 23

State Board of Education 24 27

Board of higher education 28 29

County superintendent 30 29

School district directors , 39 35

School district clerk 48 40

Teachers 51 43

County Treasurer 59 45

General provisions relating to 60 47

Penalty for not turning over property 165 90

Official Year— School for defective youth 245 115

Official Rulings :

By attorney general 197

By Superintendent of Public Instruction 198

OTJTLiNE--Of Public School System 5

P.

Parents or Guardians :

Shall be liable for damages to school property. 172 93

Shall send children to school 71 49

Penalty for failure to send children to school 171 91

Shall not insult or abuse teacher, penalty for 169 91

Shall send defective youth to state school for 254 117

May educate defective youth at home, when 254 117

Penalty for neglect to educate defective youth 256 117

Penalties :

For breach of penal laws 113 64

For disclosing examination questions ■- 159 89

For failure to make county superintendent's report 160 89

For failure to turn over fines, etc 161 89

For failure to teach hygiene , 162 89

For failure to teach hygiene 163 90

For failure to make clerk's report 164 90

For failure to deliver property 165 90

For failure to enforce course of study 166 91

For failure to enforce course of study 174 92

For maltreating pupils 167 91

For non-attendance at institute 168 91

For abusing teacher 169 91

For disturbing school 170 91

For non-attendance at school 171 91

For defacing property 172 92

For practicing vivisection 173 ' 92

For failure to use text-books 174 92

For failure to maintain school 175 92

For failure to report defective youth 256 117

For damage to books, normal school 223 111

For violation of certain act 7 128

For employing illiterate children 10 128

Districts forfeit 25 per cent, of school fund for violating certain act 12 129

Physiology and Hygiene :

Must be taught ; penalty for failure 162 89

Must be taught ; neglect or refusal 163 90

Preference Right to Purchase School House Site 8 17

President— Of state board of education ; Superintendent of Public Instruction.. 22 24

President— Of board of city directors :

Shall be elected, when 80 54

Duties of 82 5

INDEX TO CODE. 229

PrincipajlsINormal Schools: Sec. Page.

Duties ■ 218 109

Expenses 218 109

Annual meeting 225 112

Principal :

Graded schools 73 72

Shall report in lieu of teacher 52 44

Property— Penalty for defacing 172 92

Prosecuting Attorney — Shall enforce law regarding hygiene 163 90

Pupils :

Age of admission 64 48

Shall pursue course of study 69 49

Shall comply with rules 69 49

Penalty attached to violation of rules 69 49

Penalty for damaging school property 172 92

Shall be excluded from school, when 68 49

Penalty for maltreating 167 91

Q.

Qualification — C See Eligibiity) .

Questions' for"^eachers' Examinations :

Penalty for disclosing 159 89

Shall he prepared by State Board of Education 27 28

Shall be distributed by the Superintendent of Public Instruction 22 26

Quorum— Directors in cities of 10,000 90 56

R.

Regents :

Agricultural college, duties 193 100

Agricultural college, expenses 203 104

Agricultural college bonds 194 101

Agricultural college, residence 194 102

University of Washington, to consist of 184 96

University of Washington 185 97

University of Washington 186 97

Register — Teachers — must keep 53 44

Registration of Certificate 147 81

Registration of Voters— In cities of 10,000 :

Only registered voters shall vote at school elections 78 53

Only registered voters shall vote at school elections 153 86

Women must register 1 119

Secretary of board must supervise registration 2 119

Board of education must furnish blanks .• 3 119

Registration books open, when 4 119

Books closed — Notice of 4 120

Registration required but once each year 5 120

Registration districts must be defined 6 120

Form to be observed in registration 7 121

Voters must register in person 8 122

Statement verified by oath 9 122

Penalty for false oath 10 122

Voter moving to new district must transfer registration 11 122

Reneytal of Certificates 144 82

Hequirements :

For certificate, state 138 79

For certificate, county 141 81

For admission to normal schools. 1 224 112

For admission to university 183 96

Revocation of Certificates 148 84

Repeals- Acts relating to public school system 257 117

Reports :

Of Superintendent of Public Instruction, biennial, when made 22 28

Of normal schools 226 112

Of university of Washington 186 97

Sec.

Page.

22

26

204

105

33

31

33

31

247

115

49

40

49

41

252

116

52

44

52

44

74

51

59

45

85

55

92

58

97

59

40

36

54

44

230 INDEX TO CODE.

'Rweo'Ris—Contlmted.

Of private and sectarian schools, or state institutions, annual

Of agricultural college regents

Of county superintendents, annual

All statements required by State Superintendent

Of school for defective youth 247

Of school district clerk, annual

To superior judge

Defective youth 252

Of teachers

Of teacher, principal, or city superintendent.

Of principal or city superintendent

Of county treasurer to county superintendent

Of secretary of city board

Of city board of directors, annual

To county commissioners

Revenue— ( See School Funds.)

Rules —For common schools : (See page 195.)

Directors shall enforce

Teachers shall enforce

S.

Schools— Common.

A uniform system consisting of, shall be maintained 1 13

Penalty for not maintaining 175 93

Administration of system, by whom 19 22

A common school defined 64 48

Shall be open, to whom 64 48

Shall be taught in the English langTiage 65 48

Instruction shall be given, in what branches 65 48

Attention to kindness to animals 65 48

Pupils and teachers excluded from, when 68 49

Pupils must comply with regulations of 69 49

Pupils may be expelled from 68 49

School, day and month 66 48

School year defined 67 49

Penalty for disturbing 170 91

Free from sectarian control ; 110 62

School Fob Defective Youth :

Establishment , 228 113

Free to resident youth 229 113

Admission of non-resident youth 251 116

Trustees, consist of 230 113

Trustees, general control 231 113

Trustees, how appointed 232 113

Trustees, term of office 232 113

Trustees, vacancies, how filled 233 113

Trustees, how constituted 234 114

Trustees, notice of appointment 235 114

Trustees, regular meetings 236 114

Trustees, special meetings 239 114

Trustees, notice of meetings 241 115

Trustees, quorum 240 115

Trustees, by-laws 238 114

Trustees, executive committee, meetings 242 115

Trustees, executive committee, duties 243 115

Trustees, no interest in contracts , 244 115

Official year 245 115

School year 246 115

Biennial report 247 115

Director, qualifications 248 116

Director, duties 249 116

Director, removal 250 116

Duties of district clerk 252 116

Duties of county superintendent . . 253 116

INDEX TO CODE. 231

School For Defective Yoxs'l-b.— Continued. Sec. Page.

Compulsory attendance 254 117

Expenses of indigent pupils 255 117

Penalty for neglect of law 256 117

School year, for school for defective youth 246 115

School Revenues : (See School Funds).

State fund, permanent, derived from 109 61

Interest on permanent state fund, rentals, etc 110 62

All losses to, a permanent debt 110 62

Annual state tax 1] 0 62

Fines for breach of penal laws 113 64

Special taxes, how levied, 112 63

State tax levy limited to five mills Ill 63

Warrants paid in the order of presentation 114 65

Warrants may be exchanged for bonds, when 134 76

Schools— Graded and high:

Board of directors in districts united 9 18

Funds and other property of united districts 13 20

Board of districts must meet and organize, when 15 21

Clerk of districts united shall notify county superintendents 15 21

Each incorporated city or town one district 72 50

Shall, when incorporated, maintain six months' school 70 49

Territory when bonded may not be transferred 72 50

Directors appoint principal, grade school, etc 73 50

Limits of district 72 50

Principal employed, when 73 50

Directors establish course of study 73 50

City superintendent to be employed, when 74 51

School Districts:

Term defined, how designated, all districts legalized 3 14

New districts, how formed; appeals 4 14

Change of boundaries, appeals 5 17

Must not contain less than four sections 6 17

May purchase school house site . 7 17

Shall have preference right to purchase site 8 17

Boundaries of, harmonized by county superintendent 33 3

Must maintain school three months 70 49

New districts entitled to money, when 115 65

Organization of, ceases and determines, when 115 65

New district entitled to division of old district funds, when 116 65

New district entitled to its proportion of special tax 1 16 65

Districts not entitled to funds, when 115 65

District shall forfeit 25 per cent, of funds, when 174 92

May issue bonds 117 66

School Districts— Consolidated districts:

Directors of the several districts constitute the directors of 12 20

Entitled to funds and property of old districts 13 20

Old districts shall retain corporate existence, when •. — 14 20

Ofittcers of, shall meet and organize 15 21

Joint districts:

When formed and how designated by number 16 21

Form of organization 17 21

Reports made to each county superintendent affected 18 22

For purposes of apportionment shall lie in county containing school house. . . 18 22

Union school:

Districts, how formed 9 18

Directors of, shall consist of whom 9 18

Board of directors, how organized 9 is

Powers and duties of boards of 10 19

Clerk shall report the organization to county superintendent 10 19

Course of study in, determined by board of directors 11 19

232 INDEX TO CODE.

School Districts— In cities of 10,000 or more inhabitants: Sec. Page.

May include territory adjacent to cities 75 51

How designated and known 75 51

Shall be a body corporate 75 51

Property of districts shall vest in new district 75 51

Directors of, shall have control of all property 75 51

School Funds:

How apportioned by Superintendent of Public Instruction 22 25

How apportioned by county superintendent ; 33 32

Not apportioned to districts failing to have school 175 93

From what sources dirived 109 62

Exclusively for current use of schools 110 62

Losses to, shall be a permanent bebt upon the state 110 62

School Laws— (See Code of Public Instruction).

School Meeting— Penalty for disturbance of 170 91

School Meeting — (See meetings).
School Officbks :

May administer oaths in certain cases 61 47

Shall deliver property to successor 60 47

Shall take oath of offlce 61 47

Authority validated 63 48

Second Grade Cbbtificates 137 78

Secretary— State board of education :

Shall be elected by board 27 29

Shall keep a record of proceedings 27 29

Shall flle certified copy of record with Suprintendent of Public Instruction. 27 29
Secretary— City board of directors :

Shall not be a member of the board 80 54

Salary of 80 54

May be removed, how, and by whom 80 54

Duties of 84 54

Shall give bond and take oath 85 55

Shall make reports from time to time 85 55

Shall take census, may appoint census enumerators 93 58

Shall act as purchasing agent : 85 55

Shall be supervisor of buildings 85 55

Register voters 2 119

Administer oaths : 9 122

Superintendent— City :

Shall be elected, in cities of 10,000 or more, by vive voce vote 81 54

Compensation, fixed by board of directors 92 56

Shall report to Superintendent of Public Instruction 74 51

Report of, accepted in lieu of teacher's report 52 44

Shall supervise graded schools 74 51

Special Certificates 137 79

Special Tax 112 63

State Certificates 137 78

State Certificates 138 79

State Certificates Without Examination 139 80

State School Fund 109 61

State Constitution 137

Superintendent of Common Schools, County :

Shall give number to consolidated district 12 20

Shall record boundaries of 12 20

Shall certify organization of, to whom , 12 20

Shall post notices and conduct hearing for formation of joint districts 17 21

Shall certify consent for forming joint district 17 22

Shall call jointly election for formation of joint districts 17 21

May order segregation of reports from joint districts 18 22

Eligibility of candidates for 31 30

Shall countersign contracts of teachers 33 31

Shall approve contracts for furniture, charts, etc., as to quality and price 40 36

Shall pay examination fees to county treasurer 103 60

Election of, tenure of ofQce, oath, bond 30 29

May appoint a deputy 30 30

INDEX TO CODE. 233

Superintendent of Common Schools, Covsty— Continued. Sec. Page.

Vacancy in office of. how filled 30 30

Shall exercise supervision over schools 33 ,30

Shall visit schools 33 ' 31

Shall distribute blanks, circulars, etc 33 31

Shall enforce course of study, regulations, etc 33 31

Keep on file reports of Superintendent of Public Instruction 33 31

Shall keep a record of offlclal acts 38 31

Shall preserve all reports of school officers 33 31

Shall administer oaths 33 31

Shall keep record of contracts to teach 33 31

Shall forward manuscripts of persons examined 143 82

Shall make annual report to the Superintendent of Public Instruction 33 31

Shall keep transcript of and harmonize school district boundaries 33 32

Snail furnish to clerks description of boundaries 33 32

Shall appoint; school officers, when 33 32

Shall apportion school funds, how, when 33 32

Shall grant temporary certificates and conduct examinations 33 32

Shall grant special certificates, when 33 32

Shall give notice of examination of teachers 33 32

Shall require all reports to be made promptly 34 33

Shall see that teachers' and clerks' records are properly kept 34 33

Shall require oaths of school district officers to be filed 34 33

Shall report directory of school district officers to county treasurer 34 33

Shall keep office open certain days and hours 35 33

Shall forfeit ?50 for failure to make report 160 89

Shall send transcript of record in case of appeal 36 34

Shall receive mileage, for, when 38 34

May form new districts, how 4 14

May change boundaries of districts, how 5 16

Shall certify action to county commissioners, when 5 17

Shall apportion money to new school district, when 116 65

Shall deduct 25 per cent, of district funds, when 174 92

Shall appoint directors to fill vacancies, when 33 32

Shall decide cases of appeal 47 40

Shall apoint clerk to fill vacancy 48 40

Shall certify to directors, quarterly, of clerk's reports 50 43

Shall appoint school officers on failure to elect 33 32

Shall make a record of school district boundaries and assign a number 12 20

Shall hold institutes and teachers' meetings 33 33

Shall keep detailed account of institute expenses 104 61

Shall see that fines, penalties, etc., are reported 161 89

Shall forbid payment of warrants in certain cases 162 89

Shall preserve certificates of elections 155 87

Shall examine accounts of city districts, when 91 56

Shall report defective youth 253 116

Liability for failure to report defective youth 256 117

Penalty for not making report 160 89

Superintendent oe Public Instruction :

When elected, term of office 20 23

.Shall supervise all matters relating to public schools 22 23

Shall receive salary of $2,500 per annum 21 23

Shall report to governor, biennially, what 22 23

Shall distribute biennial reports 22 24

Shall prepare, have printed and distribute blanks, forms, books, etc 22 24

Shall travel, visit schools, deliver addresses, etc 22 24

Shall submit statement of expenses to State Auditor : 22 24

Shall have printed laws, with forms • 22 24

Shall be ex officio president of state board of education 22 24

Shall hold convention of county superintendents biennially 22 25

Shall apportion state school fund, how : 22 25

Shall require reports from private and state institutions of learning 22 26

Shall keep directory of regents, trustees, teachers and faculties 22 26

Shall grade examination papers and issue certificates to applicants 22 26

Shall keep on file papers and records relative to educational aflairs 22 27

"234 INDEX TO CODE.

StrPERiNTBNDBNT OF PUBLIC lusTRVCTiON— Continued. Sec. Page.

May make certified copies of official papers 22 27

Shall decide points of school law, and publish rulings and decisions 22 27

Shall deliver all records to successor 22 27

May employ a stenographer and appoint a deputy 23 27

Shall render decisions on appeals 36 34

Superior Judge :

Shall remove children not sent to school 177 94

Shall summon parents or guardians to show cause 171 91

T.

Taxes :

Annual levy in cities of 10,000 97 59

Limit of levy in cities of 10,000 *. 98 59

Annual levy of state school fund Ill 63

Limit of levy of state school fund Ill 63

Special tax levy 112 63

County commissioners to levy interest fund on bonds 121 69

Teachers :

Who are qualified teachers 51 43

Shall report to county superintendent on making contract 52 43

Shall make report at close of term or school year 52 44

Shall file copy of report with clerk before last month's salary can be paid. . . 52 44

Principal or city superintendent may report in lieu of 52 44

Shall keep register and make statistical summaries 53 44

Shall enforce course of study and rules 54 44

Shall be employed only on written order of board 55 45

Must hold a legal certificate in force for full period of contract 55 45

Not required to teach holidays or Saturdays 56 45

Shall maintain order 57 45

May suspend pupils 57 45

Shall teach morality, patriotism, etc 58 45

Shall not maltreat pupils 167 91

May dismiss primary pupils, when 66 48

Shall be excluded from school, when 68 49

Must attend institute 99 60

Shall be entitled to compensation while at institute if teaching 102 60

Shall forfeit certificate for non-attendance at institute 168 91

Shall be exempt from maltreatment of parents and others 169 91

Penalty for abusing 169 91

Teacher's Institutes :

Must be held annually in certain counties 99 60

May be held annually, when 100 60

Duration of session 101 60

Expenses of institute, how paid 104 61

All teachers must attend 99 60

Institute fund consists of examination fees and $200 from county funds 103 60

Temporary certificates 137 79

Temporary certificates— Upon what evidence granted 146 83

Text-Books :

By whom adopted 105 61

Cities of 10,000 may adopt additional text-books 92 56

Penalty for failure to use state books 174 92

For normal schools 223 111

Free Text-Books :

Furnishing of, directors may furnish , 106 61

Directors may levy tax 107 61

Director,* may acquire books by purchase or donation 107 61

Directors shall furnish books and adopt rules 108 61

Treasurer— County :

Shall be ex officio treasurer of school districts 59 45

Shall receive, hold and pay out money 59 46

Shall certify, quarterly, funds to be apportioned 59 46

Shall make annual report to county superintendent 59 46

INDEX TO CODE. 235

Tebasitbeb— County — Continued. Sec. Page.

Shall register school warrants 69 46

Shall endorse warrants when not paid 59 46

Shall advertise warrants quarterly 59 47

Shall neither pay nor register warrants improperly drawn 62 47

Shall be ex officio treasurer of city districts 88 55

Shall submit to secretary of city district a quarterly report 88 55

Shall credit examination fees to institute fund 103 60

Shall collect and hold school funds 112 64

Shall collect special taxes 112 64

Shall pay warrants according to their presentation 114 65

Shall receive all fines and place same to credit of proper district 113 64

Shall transmit funds to State Treasurer 113 64

Shall receive moneys paid by school district officers 42 38

Shall advertise school bonds for sale ., 119 67

Shall register school bonds 119 67

Shall canvass bids for bonds 120 68

Shall deliver bonds to purchaser and receive proceeds 120 68

Shall pay interest on bonds when due, and report 122 69

Shall notify holders of bonds of redemption 125 70

Shall publish notices, pay and cancel bonds 127 71

Shall deliver canceled bonds to directors 127 71

Truant Opficers:

Must be appointed itfcities of 10,000 3 126

Shall make complaint in certain cases 3 127

Must visit establishments where children are employed 8 128

Shall demand names of children employed 9 128

Trustees :

Normal Schools./ 213 107

School for defective youth 230 113

Tuition:

Normal schools 221 110

School for defective youth 229 113

School for defective youth 251 116

University of Washington 183 96

U.

University of Washington :

Establishment 182 95

Subjects taught 183 95

Tuition free 183 96

Admission of students 183 96

Board of regents, to consist of 184 96

Board of regents, term of offloe 184 96

Board of regents, vacancy 184 96

Board of regents, oath of office 184 97

Board of regents, organization 185 97

Board of regents, meetings 185 97

Board of regents, powers and duties 186 97

Board of regents, general control 186 97

Board of regents, to prescribe courses of study 186 97

Board of regents, to grant diplomas 186 97

Board of regents, to receive gifts and gratuities 186 98

Board of regents, to give bonds to war department 186 98

Board of regents, to make biennial report 186 98

Board of regents, expenses of 186 98

Faculty 187 98

Non-sectarian control • 188 99

Attorney general, legal adviser 189 99

Union Schools :

How formed 9 18

Directors of 9 1^

Directors, how organized 9 18

Directors, how organized 10 19

236 INDEX TO CODE.

Union Schools— Continued. Sec. Page.

Directors may levy tax 10 19

May prescribe course of study 10 19

Teachers of, must make report 11 19

V.

Vacancies :

On state board of education 26 28

County superintendent 30 30

School district director 39 36

School district clerk 48 40

School directors in cities of 10,000 89 55

Regents, university of Washington 184 96

Regents, agricultural college 194 101

Trustees, normal schools 213 107

Trustees, school for defective youth 233 113

Vaccination— Required 92 57

Validation :

Of school officers" authority ; 63 48

Of certificates and diplomas 136 78

Validation of Debts :

School districts may validate, when 128 71

Directors shall provide for, by resolution 129 72

Three-flfths vote neecessary 129 72

Directors shall determine voting places 130 72

Election for, how held 130 72

Judges of election shall count and certify vote 130 74

Clerk shall post notices of election 131 74

Directors may issue bonds 132 75

Interest shall not exceed six per cent 132 75

Directors shall determine the amount and character of bonds 133 75

Warrants may be exchanged for bonds 134 76

Directors shall notify the county treasurer 135 76

Annual expense thereafter not to exceed revenue 135 77

County commissioners shall levy tax, when 135 77

Vice Peesidbnt :

Of directors in cities of 10,000 80 . 54

Duties of 83 54

Vivisection— Penalty for 173 92

Forbidden, except in dental or medical department of school 1 125

W.

War Department — Bonds to, by regents of university 186 98

Warrants :

Shall be registered 59 45

Improperly drawn, not paid 62 47

Order of payment 114 65

May be exchanged for bonds 134 76

Women Eligible:

To school offices 176 93

Must register '. 1 119

ALPHABETICAL INDEX TO CONSTITUTION.

b't.

Page.

1

139

3

149

3

149

4

156

6

163

2

143

1

139

4

157

2

147

3

149

27

187

27

188

27

189

2

142

2

142

2

145

A.

Sec.

Absconding Debtors —Not privileged from imprisonment for debt 17

Absence — Of governor, duties devolve upon lieutenant governor 10

Of governor and lieutenant governor, duties devolve upon secretary of

state 10

Of judical officer, shall work forfeiture of ofQce 8

Of othei persons in certain cases, shall not effect residence for purpose of

voting or election to of&ee 4

ACCEPTANCE of Certain offices under U. S. to vacate seat in legislature 14

Accused :

Rights of, to defense in criminal prosecutions 22

Rights of, in removal from office hy legislature 9

Act:

Not to be revised or amended, unless set forth in full 37

May become a law, how 12

Actions, Suits, Contracts, Etc. :

Not to be affected by change in form of government 1

Pending, to be transferred to state courts 5

All pending actions, with papers, etc., to be transferred to proper courts. 8
Pending actions in supreme court of territory transferred to supreme

court of state 8 27 189

Adjournment of Legislature :

For want of quorum 8

Powers restricted as to time and place 11

Adoption of Children shall not be authorized by special acts of legislature 28

Advice and Consent op Senate— Appointment of officers for state institu-
tions to be by and with 1 13 177

Affirmation : ( See Oath.)

Alienation OF Franchise — Not to relieve corporations from liabilities 8 12 173

Aliens :

Ownership of land by, prohibited except in certain cases 33

Corporations aliens, if majority of stock is owned by aliens 33

Amendment to Charter of Town by special legislation, prohibited 28

Amendments to Constitution :

Proposed in either house 1

Two-thirds vote necessary in each house 1

Votes to be taken by ayes and noes 1

Must be ratified by electors at general election 1

Must be voted upon separately 1

Must be published three months before election 1

Amendments to Bills :

May be made in either house 20

Not to change scope or object of original bill 38

Annulment of Marriage :

Appellate jurisdiction of supreme court 4

Original jurisdiction of superior courts 6

Appellate Jurisdiction :

Of supreme court 4

Of superior court 6

Of superior court over decisions of probate court 10

Appointment :

To office under U. S., effect on legislator if office is accepted 14

Of officers of state institutions, to be made by governor 1

(237)

2

146

2

146

2

145

23

184

23

184

23

184

23

184

23

184

23

184

2

144

2

145

4

154

4

155

4

154

4

155

27

190

2

143

13

177

238 INDEX TO CONSTITUTION.

Apportionment : Sec.

Of legislators to be made after each census 3

Persons excluded 3

or legislature

Appropriations :

Necessary to draw money from state treasury 4

Payment to be made, when 4

Sum and object to be specified 4

Can be made for capitol building 3

Area Reserved :

Between harbor line and line of high tide 1

Restrictions on sale by state 1

Arms — Right of people to bear 24

Army — Standing, not to be kept 81

Arrest :

Members of legislature privileged from 16

Except for certain crimes 16

Electors privileged from, on election day, except 5

Members of militia priviledged from, when ; 5

Artificial L,ight — Right of cities to contract debt for 6

Assemblages of People — Right to assemble peaceably not to be abridged. . 4

Assessment :

Appellate jurisdiction of supreme court 4

Original jurisdiction of superior court 6

Uniform and equal rate of, to be established ( see Tax, Taxation ) 2

Assignment of counties to each judge of superior court 5

Association :

Included in term " corporations " 5

May organize to construct telegraph and telephone lines 19

Combination to fix price, limit production, etc., of any product prohibited 22

Attainder, Bills of — Prohibited 23

Attorney General:

When and by whom elected 1

Term of office 3

Duties of 21

Salary of 21

May be removed for Incompetency, etc., by legislature 9

Rights of accused 9

Liable to impeachment 2

Auditor :

When and by whom elected 1

Term of office 3

Duties of 20

Salary of 20

Must reside, where 24

Office may be abolished by legislature 25

Ayes and Noes:

To be taken in voting upon nominations by governor for officers of state

institutions 1

And entered on the journal 1

On proposed amendment to constitution 1

To be entered on journal 1

(See Yeas and Nays.)

B.

Bail:

Excessive not to be required 14

Allowed on sufficient sureties 20

Except for capital oflenses 20

Ballot:

All elections to be by 6

Form of. for separate articles voted on 18

Banking Corporations:

Liability of stockholders of 11

Liability of any officer of, for re,ceiving deposit after knowledge of in-
solvency of bank 12

bt.

Page.

2

141

2

141

22

181

8

164

8

164

8

164

14

178

15

178

15

178

1

140

1

140

2

143

2

143

6

'161

10

168

8

165

1

137

4

154

4

155

7

165

4

154

12

173

12

175

12

176

1

139

3

148

3

148

3

151

3

151

4

157

4

157

5

160

3

148

3

148

3

151

3

151

3

152

3

152

13

177

13

177

23

184

23

184

1

138

1

139

1

139

6

161

27

192

12

174

12

174

INDEX TO CONSTITUTION. 239

, Sec.

Beds and Shobes of Navigable Waters — State asserts ownership of 1

BiENNiAX, sessions of legislature 12

Bill :

No law except by bill 18

To embrace only one subject 19

May originate, where ■ 20

Requisites at flnal passage of 22

Must be signed by 32

Limitation of time for introduction 36

To be presented to governor for approval 12

Governor may sign or veto 12

Passage over veto 12

When to become law 12

Bonds:

County, city, township, etc., not to own stocks or bonds of corporation. . . 7

Of corporations not to be issued except for money, property or labor 6

Executed to the territory to pass to the state 4

Boundaries of state

Bribbrt :

To be punished how 30

Compulsory testimony in cases of 30

A disqualification for ofttee 30

Bureau of Statistics, Agriculture, etc., to be established by legislature 34

Bureau of Vital Statistics to be established by legislature 1

C.

Canal Companies (See Railroads.)

Capitol Buildings — No appropriation to be made for, until, when 3

Capital Offense — Bailable, when 20

Census— ( See Enumeration and Inhabitants.)

Certiorari:

J urisdiction of supreme court 4

Jurisdiction of superior court 6

Change in Name by special legislation prohibited 28

Charter :

Cannot be amended by special legislation 28

Void for want of organization 2

Not to be extended. 3

( See City.)

Chief Justice of Supreme Court:

Who to be 3

Must preside on trial of impeachment, when 1

Citt:

Power to levy tax for local improvements 9

Power to assess and collect taxes 9

Assessment, how ascertained 6

Charter of, how obtained 10

To be submitted to electors of 10

Approval of majority of electors necessary 10

To be published 10

Election for adoption to be upon notice 10

May be amended 10

Alternate articles may be voted on separately 10

Civil Actions:

Liimitation of, by special acts prohibited 28

Number of jurors in 21

Number necessary for verdict 21

Parties may waive jury 21

Classification of judges of supreme court by lot 3

Clerk :

Of supreme court, judges to appoint 22

But legislature may provide for election 22

Salary of, to be provided by law 22

Collection of Taxes — Time not to be extended by special acts 28

rt.

Page.

17

180

2

,142

2

143

2

144

2

144

2

144

2

146

2

147

3

149

3

149

3

149

3

149

8

165

12

173

27

188

24

185

2

146

2

146

2

146

2

147

14

178

1

139

4

154

4

156

2

145

2

145

12

172

12

172

4

158

5

160

7

163

7

163

8

165

11

170

11

170

11

170

11

170

11

170

11

171

11

170

2

145

1

139

1

139

1

139

4

153

4

159

4

159

4

159

2

145

240 INDEX TO CONSTITUTION.

Combination : Sec.

By common carriers to share earnings, prohibited 14

To affect price, production or transportation of any commodity, prohibited. 22

Commander in Chief of military 8

Commissioner of Public Lands:

When and by whom elected 1

Term of office 3

Salary of 23

Duties of 23

Records of, to be kept at state capital 24

Office may be abolished by legislature 25

Commissions :

To be signed by governor 15

To be attested by Secretary of State 15

Common Carriers:

Railroad, canal and other transportation companies are 13

And subject to legislative control 13

Telegraph and telephone companies are 19

(See Railroads.)

Common School Fund:

Revenue and income to be applied to common schools 2

Revenue derived from, shall be applied to current use of 3

Principal to remain permanent 3

Derived from what source 3

Legislature may provide for enlarging 3

Losses occasioned by default, fraud, etc., to become a permanent funded

debt against state 5

Interest to be paid on debt, what 5

Not to be loaned to anyone 5

How to be invested 5

Common Schools— Not subject to private or special acts 28

( See Public Schools.)

Commutation of Sentence:

Each case of, to be reported by governor to legislature 11

With reasons for granting the same 11

Commutation op State Taxes prohibited 9

Commutation Tickets — May be at special rates. 15

Compensation :

To be first made on taking property for public use 16

To be made for right-of-way to use of corporations 16

To be ascertained by a jury 16

Of members of the legislature 23

Extra, to any public officer cannot be granted 25

Of public officers not to be changed during term 25

Of state officers shall not be increased or diminished during term ( see

salaries.) 25

Conditions on foreign corporations 7

Confession in Open Court— Eflect in treason 27

Congress;

Member of, not eligible to legislature 14

Legislators elected to, must vacate seat 14

To have exclusive legislation over lands of U. S

Subject to certain conditions

To have control of Indian lands 2

Consent of Governed — Origin of just powers of government 1

Consolidation of competing lines of railroads prohibited 16

Constables — Legislature to fix salaries of certain 8

Constitution:

Of U. S. . supreme law of land 2

Of state, provisions mandatory.. 29

Modes of amending 1

Convention to amend, may be called 2

Mode of revising 2

To be submitted to people 3 23 184

To go into eflect, when 16 27 192

^rt.

Page.

12

175

12

176

3

149

3

148

3

148

3

152

3

152

3

152

3

152

3

150

3

150

12

174

12

174

12

175

9

166

9

166

9

166

9

166

9

166

9

167

9

167

16

180

16

i80

2

144

3

149

3

149

11

170

12

176

1

138

1

138

1

138

2

144

2

144

2

144

3

152

12

173

1

140

2

143

2

143

25

185

25

185

26

186

1

137

12

175

11

170

1

137

1

140

23

184

23

184

23

184

INDEX TO CONSTITUTION. 241

Co'NSTi'TTJTioN— Continued. Sec. Art. Page.

Terms of oflcers, when to begin -. 16 27 192

Contempt and Disorderly Behavior— Eacli house may punish for 9 12 142

Contracts:

Obligations of, not to be impaired 23 1 189

Aflectingprice, production or transportation of any commodity prohibited, 22 12 176

Existing, not to be affected by change in form of government 1 27 187

Convention to Hevisb or amend:

How and when formed 2 23 184

To consist , 2 23 184

Conviction:

Not to work corruption of blood or forfeiture of estate 15 1 138

On impeachment, two-thirds senators must concur 1 5 160

Convict Labor:

Not to be let out by contract 29 2 145

To be provided for by legislature 29 2 145

Copartnerships— Not to combine, etc., to affect the price, production or trans-
portation of any commodity 22 12 176

Coroners may or may not be salaried ofBcers 8 11 170

Corporate Powers cannot be granted by special legislation 28 2 144

Corporations :

Equal privileges and immunities to : 12 1 138

To pay compensation for right-of-way 16 1 138

Shall not be relieved from debt by special acts. 28 2 144

When alien 33 2 146

Property to be taxed like that of individuals 3 7 163

State not to surrender power to tax 4 7 163

To be formed under general laws 1 12 172

Lia,vs relating to, may be altered, amended or repealed 1 12 172

May be regulated or restrained in their business 1 12 172

Certain existing charters and franchises to be invalid 2 12 172

Liability of stockholders of 4 12 172

Of banking, etc., shall be individually and personally liable, etc 11 12 174

Banking and insurance companies excepted 4 12 172

Stockholders may be joined as parties defendant 4 12 172

Term includes associations and joint stock companies 5 12 173

May sue and be sued 5 12 173

Restriction on issue of stocks or bonds 6 12 173

Consent of stockholders necessary to increase of stock 6 12 173

Notice to be given on increase of stock 6 12 173

Foreign corporations not to be favored 7 12 173

Not relieved from liability by lease or alienation of franchise 8 12 173

State not to subscribe for stock of 9 12 173

Subject to right of eminent domain 10 12 173

Not to issue anything but lawful money of the United States 11 12 174

Liabilitiesofstockholdersinbanking,insurance and ]oint stock companies 11 12 174
Liabilities of ofBcers of banks for receiving deposits after knowledge of

insolvency 12 12 174

Right to organize and construct telegraph and telephone lines 19 12 175

Combination affecting the price, production or transportation of any com-
modity, prohibited 22 12 176

(See Railroads.)

Corrupting Legislators— (See Bribery.)

Corruption IN Office —Who may be removed for 9 4 157

Corruption of Blood — Conviction not to work 15 1 138

County:

Assignment of judges of superior court 5 4 154

Existing to be legal subdivisions of state i 11 168

Restrictions on formations of new 3 11 168

Majority of voters necessary to reduce territory of 3 11 168

Debts to be apportioned on enlargement or division of 3 11 168

Not to apply to certain property or to affect creditors 3 11 168

Legislature to provide a system of government for 4 11 169

Organization under township 4 11 169

—16

242 INDEX TO CONSTITUTION.

CovNTY—Confimied. Sec. Art. Page.

Not to be relieved of proportionate share of taxes 9 11 170

County. City or Township:

Power of, to contract debts 6

Limit of indebtedness 6

Assent of three-fiftlis of voters necessary 6

Assessment, how ascertained 6

Restriction as to purpose 6

May contract additional debts for water, etc 6

Not to give or loan its credit, except 7

Not to own stock or bonds of corporation, 7

May enforce local police and sanitary regulations 11

To assess and collect taxes 12

Use of money by official, a felony 14

All moneys to be deposited with the treasurer 15

County Clerk:

To be clerk of superior court 26

Legislature to provide tor election of 5

To prescribe duties, fix term and compensation 5

To provide for strict accountability 5

County Commissioners:

May fill- vacancies in county, township, etc., oflfices (see County officers) . . 6

County Lines— Change of, by special acts prohibited 28

County Officers:

Time of election of 8

Election to be biennial 8

Legislature to provide for election of 5

Duties and term of office to be prescribed by law 5

Compensation to be regulated 5

Accountability for fees 5

Not to hold office for more than two terms in succession 7

Legislature to fix salaries of 8

Who may or may not be salaried officers 8

Guilty of felony for using money of county 14

County Seat:

Change of, by special act prohibited 28

Proceeding for removal of 2

Three-fifths vote required 2

Proposition can be made but once in lour years 2

County Commissioners:

Judge of supreme court may appoint 23

Authority and duties of 23

Courts:

Of record, what : 11

Inferior, Legislature may prescribe jurisdiction of 12

Credit :

Of state not to be given or loaned 5

State shall not subscribe to stock of corporation or loan its credit 9

Of county, city, etc., not to be given or loaned 7

Crime— Persons charged with, to be bailable 20

Criminal Actions:

No person to be compelled to testify against himself 9

Rights of accused in 22

Limitation of, by special act prohibited 28

Appellate jurisdiction of supreme court 4

Original jurisdiction of superior court 6

Upon change in form of government to be prosecuted in name of state. . . 5

Cruel Punishment not to be inflicted 14

D.

Damage not to be done for public use without compensation 16

Debate— Member of Legislature not to be liable for words spoken in 17

Debts:

Imprisonment for, not allowed 17 1 139

Absconding debtors excepted (see State Indebtedness, Territory) 17 1 189

8

165

8

165

8

165

8

165

8

165

8

165

8

165

8

165

11

171

11

171

11

172

11

172

4

160

li

169

11

169

11

169

11

168

2

144

6

162

6

162

11

169

11

169

11

169

11

169

11

170

11

170

11

170

11

172

2

. 144

11

168

11

168

11

168

4

159

4

159

4

157

4

157

8

165

12

173

8

166

1

189

1

187

1

189

2

144

4

154

4

155

27

188

1

138

1

188

2

143

Art.

Page.

2

145

4

159

1

139

4

157

8

164

2

144

3

149

INDEX TO CONSTITUTION. 243

Decision— (See Judicial Decision.) Sec.

Deeds cannot be made valid by special legislation 28

Defects and Omissions in Laws to be reported to Governor, how 25

Defense:

Rights of accused 22

In removal from office 9

Deficits or Failube in the Revenue— State may contract debts to meet. . 1

Delinquency in Office— (See Corruption in Office.)

Disability— Property of persons under.cannot be affected by special legislation, 28

Disapproval of Bills by Governor 12

Discrimination :

In charges for transportation by any common carrier prohibited 15

In the receipt and transmission of messages by telegraph or telephone

companies prohibited 19

By a railroad in favor of any telegraph company prohibited 19

By a railroad in favor of any express company prohibited 21

Disorderly Behavior— Each house may punish for 9

Disqualification:

On conviction for bribery of voters 30

On conviction for impeachment 2

District Court:

Records in actions to be transferred to superior court, when 8

To continue until superseded by superior court 8

Duty of clerk in transmitting papers to county clerk 8

Legislature to provide for election of 5

District Officers:

To prescribe duties, fix term and compensation, etc 5

Time of election of 8

Of territory to hold office until when 14

Official bonds to be unaffected by the change in form of gevernment 14

Elections to be biennial 8

Divorce — Legislature not to grant 24

Drugs and Medicines- Legislature to regulate sale of 2

Due Process of Law— No person to be deprived of life, liberty, etc., without. . 3

E.

Earnings — Combinations by common carriers to share, prohibited 14 12 176

Education:

State to make provison for 1 9 166

No distinction on account of race, color or sex 1 9 166

Elections :

To be free, equal and undisturbed 19 1 139

Of representatives, when 4 2 141

Of representatives after first election 5 2 141

To be biennial 5 2 141

Of senators 6 2 141

Each house to be judge of election of its own members 8 2 142

By Legislature to be t)i?;a «oce 27 2 144

For state officers, how declared 4 3 148

Legislature to decide contested elections for certain state officers 4 3 148

Of judges of supreme court 3 4 153

Who may vote at 1 6 161

Who not entitled 1 6 161

Idiots, insane persons, etc., excluded from elective franchise 3 6 161

To be by ballot 6 6 161

Time of, for county, district and state officers , 8 6 162

To be biennial 8 6 162

Of officers under this constitution, time of 7 27 189

Of officers not provided for in constitution 11 27 191

Evidence, how taken, In contested [first] elections for judge of superior

court 11 27 191

First election of representative to congress. > 13 27 191

First election to be according to laws of territory 15 27 191

12

175

12

175

12

176

2

142

2

146

5

160

27

189

27

189

27

189

11

169

11

169

6

162

27

191

27

191

6

162

2

144

20

181

1

137

244 INDEX TO CONSTITUTION.

Elective Franchise: Sec. Art. Page.

Not to be denied at school election on account of sex 2 6 161

Who excluded from 3 6 161

Elector:

Who qualified 1 6 161

Who not qualified 1 6 161

Idiots, insane persons, criminals, etc., not qualified 3 6 161

Residence not lost in certain cases 4 6 161

Privilege from arrest, when 5 6 161

Exempt from military duty, when 5 6 161

Legislature to secure secrecy in voting 6 6 161

Emlnent Domain:

Compensation to be first secured in taking property for public use 16 1 138

Or in damaging same 16 1 138

Corporations must make compensation for right-of-way 16 1 138

Corporations and franchises subject to 10 12 173

Right extended to telegraph and telephone companies 19 12 175

Emoluments, Privileges and Powers— Hereditary, prohibited 28 l 140

Employments Dangerous to Life, etc.— Legislature to protect persons in, 35 2 147

Enacting Clause of statutes 18 2 143

Enumeration of Inhabitants:

Legislature to provide for, when 2 2 141

Who to be excepted in 3 2 141

To be basis of new appointment of senators, etc 3 2 141

Enumeration op Rights— Not to deny others reserved 30 1 140

Equity:

Appellate jurisdiction of supreme court 4 4 154

Original jurisdiction of superior court 6 4 155

Evedencb:

No person to be compelled to give, against himself 9 1 137

Necessary to convict for treason 27 1 140

How to be taken in case of contested [first] election of superior court judge, 12 27 191

Exclusive Legislation:

Of congress over certain lands of U. S 25 185

Subject to conditions 25 185

Over Indian lands 26 186

Exclusive Privileges:

Prohibited 12 1 138

To be invalid, when '. 2 12 172

Excursion and Commutation Tickets may be at special rates 15 12 175

Executive Department:

Shall consist of what 1 3 148

Secretary of State to keep records of 17 3 151

Executive Officers — How and when chosen .' 1 3 148

Executivb Power — Supreme, vested in Governor 2 3 148

Exemptions:

From military duty, certain persons 6 10 168

Of homestead from forced sale 1 19 181

Expenses :

State may contract debt to meet 1 8 164

Of constitutional convention to be provided for 19 27 193

Ex Post Facto Law prohibited 23 1 139

Express Companies to be allowed transportation, etc., on railroads on equal

terms 21 12 176

Expulsion of Members:

Power of 'each house 9 2 142

Restriction on power 9 2 142

Extension of Time fob Collection of Taxes by special act prohibited. .28 2 144

Extinguishment OP Debt by special act prohibited 28 2 144

Extra Compensation to Public Officers prohibited 25 2 144

Extra Sessions op Legislature— When convened 7 3 149

INDEX TO CONSTITUTION. 245

F.

Sec. Art. Page.

Factories — Legislature to protect employes in 35 2

Fabes and Fbbights — (See Railroads.)

Federal Obticers — Not eligible to legislature 14 2 143

Fees :

Prohibited to justice of the peace 10 4 157

Prohibited to judicial officers, except 13 4 157

Felony for public officer to use or make profit out of public money 14 11 172

Ferries cannot be authorized by special legislation 28 2 144

Fictitious Issue of Stock or Indebtedness to be void 6 12 173

Fines:

Excessive, not to be imposed 14 1 138

Not to be remitted by special act 28 2 144

Governor to have power to remit 11 3 149

Governor to report to legislature names and amounts of fines remitted.. . 11 3 149

With reasons for remitting 11 3 149

Accrued to territory to inure to state 3 27 187

Fiscal Statement to be published annually ^ 7 7 163

Forcible Entry and Detainer:

Appellate jurisdiction of supreme court 4 4 154

Original jurisdiction of superior court 6 4 155

Foreign Cobpobati©ns not to be favored 7 12 173

Forfeiture:

Of estate, conviction not to work 15 1 138

Cannot be remitted by special legislation 28 2 144

Governor to have power to remit 11 3 149

And must report to the legislature 11 3 149

Legislature not to remit forfeiture of franchise or charter 3 12 172

Of franchise for violation of provision against combinations 22 12 176

Accrued to territory to inure to state 3 27 187

Forts, Magazines, etc.— Congress to have exclusive control of 25 185

Franchise :

Granting of, irrevocably prohibited 8 1 137

State not to surrender power to tax 4 7 163

Invalid, because not organized 2 12 172

Not to be extended 2 12 172

Legislature not to remit forfeiture of 3 12 172

Corporation not to be relieved from liability by alienation or lease of 8 12 173

Subject to right of eminent domain 10 12 173

May be forfeited 22 12 176

Freedom or Speech and of Press to be preserved 5 1 137

Freedom of Conscience guaranteed 11 1 138

Freight Rates:

To be regulated by the legislature ^ 18 12 175

Abuse and extortion to be prevented 18 12 175

Fundamental Principles:

Frequent recurrence to, essential 32 1 140

G.

Government :

Source of just powers of 1 1 137

Purposes of 1 1 1^''

Governor:

To issue writs for elections ; fill vacancies in legislature 15 2 143

When and by whom elected 1 3 148

Supreme executive power vested in 2 3 148

Term of office 2 3 148

May require written information from officers 5 3 148

To see that laws are executed 5 3 148

To communicate at every session to legislature 6 3 149

' To convene legislature, when 7 3 149

To be commander in chief of military, except 8 3 149

Pardoning power vested in 9 3 149

Under restlctions 9 3 149

Who to act, in case of removal, etc 10 3 149

246 INDEX TO CONSTITUTION.

Governor— 6'o«.<MiM«d.' Sec. Art. Page.

To remit fines and forfeitures 11 3 149

To report to legislature each case of pardon, reprieve, etc 11 3 149

With reason for granting the same 11 3 149

And also names of persons in whose favor fines and forfeiture have been

remitted 11 3 149

With reason for the remission 11 3 149

To approve all laws 12 3 149

May return bill with objections 12 3 149

May veto one or more items 12 3 149

To fill vacancy in ofQce 13 3 150

Salary of 14 3 150

To sign commissions 15 3 150

Must keep records of his office, where 24 3 152

Must reside where 24 3 152

To fill vacancy in judges of supreme court 3 4 153

To fill vacancy in judges of superior court 5 4 154

May extend leave of absence of judicial officer 8 4 156

Liable to impeachment 2 5 160

May call out militia to execute laws 2 10 167

To appoint regents, trustees and commissioners of state institutions 1 13 177

Grand Jury not to be drawn or summoned unless superior court so orders ^ . . 26 1 140

Granted Lands — (See Lands, Public Lands.)

H.

Habeas Corpus:

Privileges of writ not to be suspended, except 13

Original and appellate jurisdiction of supreme court 4

Original jurisdiction of superior court 6

Each judge of supreme court may issue writs of 4

Writs returnable before whom '. 4

Harbors:

Commission to be established to locate, lines in 1

Restrictions on state in selling land or rights in 1

Certain area to be reserved for landing, etc 1

Heir- AT Law not to be determined by special legislation 28

High Schools may be established by legislature 2

Highways:

Private and special legislation prohibited 28

But state and military roads excepted 28

Home not to be invaded without authority of law 7

Homestead — Exemption from forced sale 1

House of Representatives:

Legislative powers vested in •. 1

Number of members 2

To be reapportioned after each census 3

Members, when and how chosen 4

Shall be elected biennially after 1890 , 5

To have sole power of impeachment 1

Concurrence of majority necessary to impeach 1

Hypothecation by Minor— Special legislation prohibited 28

I.

Idiots excluded from elective franchise 3

Immunities :

From being twice put in jeopardy 9

From loss or damage to property 16

From imprisonment for debt 17

Soldiers not to be quartered in houses 31

Of members of legislature from arrest 16

Of electors from arrest on election day 5

Of militia from arrest at musters and election of officers 5

1

138

4

154

4

155

4

154

4

154

15

178

15

178

15

178

2

144

9

166

2

144

2

144

1

137

19

181

2

140

2

141

2

141

2

141

2

141

5

160

5

160

2

144

1

137

1

138

1

139

1

140

2

143

6

161

INDEX TO CONSTITUTION. 247

Impeachment : See.

House of representatives sole power of 1

Trial by senate 1

Chief justice presides when ; 1

Who liable to 2

Judgment to extend only to removal from office and disqualification 2

Party liable to prosecution at law 2

Imposts:

Appellate jurisdiction of supreme court 4

Original jurisdiction of superior court , 6

IMPBISONMENT for debt not allowed, except 17

Incompetency in Office:

Who may be removed for 9

Three-fourths of each house to concur ; 9

Rights of the accused 9

Indebtedness of Corporations:

Cannot have relief by special acts 28

liiability of stockholders for 4

Stockholders of banking or insurance cempanies liable, etc 11

Fictitious increase of, to be void 6

No lease or alienation of franchise shall relieve corporation from 8

(See County, City and Township.)
Indian Lands:

Subject to jurisdiction of U. S 2

Taxation of 2

Exemption of 2

Indians not taxed to be excluded from enumeration of inhabitants 3

Indictment — Offenses may be prosecuted by 25

Individual Rights — Government to protect and maintain 1

Individual Security — Private affairs not to be distributed 7

Inferior Courts:

Legislator to provide for 1

Appeal lies to superior court 6

Legislature to prescribe jurisdiction and power 12

Imformation — Offenses may be prosecuted by 25

Injunction may be issued and served, when 6

Insane Persons excluded from elective franchise 3

Insolvency:

Appellate jurisdiction of supreme court 4

Original jurisdiction of superior court 6

Instruments cannot be validated by special acts 28

Insurance Companies — Liabilities of stockholders 11

InTEREST:

Not to be regulated by special acts 28

Private interest in bill to be disclosed by legislator _. 30

On certain state debts must be provided for 3

Invasion :

Suspension of habeas corpus • • ■ 13

State may contract debts to repel 2

Irrigation — Use of water of state for, deemed a public use l

J.

Jeopardy— No person to be twice put in 9

Joint Stock Companies:

Included in term corporations 5

Liability of stockholders in 11

Journal :

Each house to keep • H

Yeas and nays to be entered on, when 21

Yeas and nays must be entered on, in passage of bill 22

Yeas and nays must be entered on, in passage of emergency clause 31

Yeas and nays must be called and entered on, in authorizing introduction

of bill later than 10 days before close of session 36

Votes on election to be entered on 27

Art.

Page.

5

160

5

160

5

160

5

160

5

160

5

160

4

154

4

155

1

139

4

157

4

157

4

157

2

144

12

172

12

174

12

173

12

173

26

186

26

186

26

186

2

141

1

140

1

137

1

137

4

152

4

155

4

157

1

140

4

155

6

161

4

154

4

155

2

144

12

174

2

144

2

146

8

164

1

138

8

164

12

172

12

173

12

174

2

142

2

144

2

144

2

146

2

147

2

144

248 INDEX TO CONSTITUTION.

Jovuj^AJj— Continued. Sec. Art. Page

Votes on removal of judges to be entered on 9 4 157

Ayes and noes to be entered upon nomination of oflacers for state institu-
tions ■ 1 13 177

Ayes and noes on proposed amendments to constitution to be entered 1 23 184

Judge Pro Tempore — Provision for, in superior court 7 4 156

Judges :

May be removed for incompetency, etc 9 4 157

Rigbts of accused 9 4 157

Not to charge juries as to matters of fact 16 4 158

But declare the law 16 4 158

Not to practice law 19 4 159

Judges of Superior Court:

Election of -. 5 4 154

Each judge to be invested with powers of all 5 4 154

Term of office 5 4 154

To begin when 5 4 154

May sit in any county 7 4 156

Judge pro tempore 7 4 156

Salaries of 13 4 157

Salaries of, when payable 14 4 158

To any other office 15 4 158

Ineligible unless admitted to practice in Washington 17 4 158

Not to practice law 19 4 159

To decide cause within 90 days from final submission of same 20 4 159

May appoint court commissioners 23 4 159

May establish rules for court 24 4 159

To report in writing to judges of supreme court defects and omissions

in the laws , 25 4 1^9

To take oath in office 28 4 160

Judges of Supreme Court:

Electionof 3 4 153

Classification by lot 3 4 153

Chief justice, who to be 3 4 153

Termofoffice 3 4 153

May issue writs 4 4 154

Salaries of 13 4 157

Salaries of, when payable 14 4 158

Ineligible unless admitted to practice in Washington 17 4 158

To appoint a reporter 18 4 158

Not to practice law 19 4 159

To appoint a clerk 22 4 :159

To report to governor defects and omissions in law 25 4 159

To take oath of office 28 4 160

Judgment :

Of one judge of superior court to be of same force as to all 5 4 154

Of superior court to be given within ninety days from final submission. . . 20 4 159

Extent of, on impeachment 2 5 160

JuDiciAx, Decisions:

All decisions to be in writing, and grounds stated 2 4 154

Concurrence of majority of supreme court judges necessary 2 4 154

To be published 21 4 159

May be published by anyone 21 4 159

Ju]>iciAL Officers:

Absence, when a forfeiture of office 8 4 156

Not to receive any fees 13 4 157

To take oath of office 28 4 160

Liable to impeachment, except 2 5 160

Judicial PowFR is vested where 1 4 152

Judicial Question — Whether a use is a public use 16 1 138

Jurisdiction :

Of supreme court 4 4 154

Of superior court 6 4 155

Of justice of the peace to be prescribed by legislature 10 4 157

And not trench upon jurisdiction of courts of record 10 4 157

INDEX TO CONSTITUTION. 249

JtJBOB: Sec. Art. Page.

Not incompetent in consequence of religious opinion 11 1 138

Number necessary for verdict 21 1 139

Jtjby:

To ascertain compensation for right-of-way 16 1 138

Number in 21 1 139

Number necessary for verdict 21 1 139

Waiver of 21 1 139

Justice to be administered openly and without unnecessary delay 10 1 137

Justice Court —Appeal lies to superior court 6 4 155

Justice of the Peace :

Invested with judicial power 1 4 152

Legislature to determine number 10 4 157

Legislature to prescribe duties 10 4 157

Salary of , provided by law 10 4 157

Fees prohibited 10 4 157

May be made police justice 10 4 157

L.

Lands :

Ownership of, by aliens, prohibited 33 2 146

Of state, under grant from U. S., restrictions of sale of 1 16 179

Lands of state for educational purposes, how to be sold 2 16 179

Sale of school lands by county commissioners may be confirmed 2 16 179

Restrictions on sale of, for educational purposes 3 16 180

Timber and stone may be taken off state land, how 3 16 180

Limit of granted land to be sold in one parcel 4 16 180

Land of state in city to be platted before sale 4 16 180

Limit of sale 4 16 180

Of U. S. not to be taxed 2 26 186

Of non-residents, how taxed 2 26 186

Law of Land — U. S. constitution is the 2 1 137

Laws:

Bills of attainder and ea; ^os< /ac<o, prohibited 23 1 139

Enacting clause 18 2 143

No, except by bill 18 2 143

"When to take effect 31 2 146

Must be presented to the governor for approval 12 3 149

How passed over governor's veto 12 3 149

How to become a, without approval 12 8 149

Defects and omissions in, to be reported to governor, how 25 4 159

Object of tax must be stated in 5 7 163

State debt for some single work must provide for payment of interest

and principal 3 8 164

Necessary to have a majority of votes 3 8 164

To be published 3 8 164

Relating to corporations may be altered, amended or repealed , 1 12 172

Of territory to remain in force until altered or repealed 2 27 187

Proviso as to tide lands 2 27 187

Lease:

Of franchise not to relieve corporations from liability 8 12 173

Of rights to build and maintain wharves, power of legislature 2 15 179

Limit of term 2 15 179

Legislature:

No power to grant irrevocable privilege or franchise 8 3 137

To make provisions for jury 21 1 139

To consist of 1 2 140

Number of members 2 2 141

To provide for enumeration of inhabitants, when 3 2 141

To re-apportion members of each house after census 3 2 141

Who eligible to • 7 2 142

Each house to judge of election of its members 8 2 142

Majority to constitute a quorum 8 2 142

Each house to determine rules of proceedings , 9 2 142

And to punish for contempt ...t 9 2 142

250 INDEX TO CONSTITUTION.

L.BGIS'LATVRB— Continued. Sec. Art. Page.

T wo-tbirds required to expel a member 9 2 142

Each house to elect its own officers 10 2 142

Each house to keep and publish a journal 11 2 142

Sessions to be open 11 2 142

Restrictions on power to adjourn 11 2 142

Sessions to meet, when 12 2 142

Sessions to be biennial 12 2 142

Members, from what civil offices excluded ;... 13 2 143

Officers not eligible to 14 2 143

Acceptance of office under U. S. to vacate seat in 14 2 148

Vacancies, how filled 15 2 143

Members privileged from arrest, excep t 16 2 143

Members not subject to civil process, when 16 2 143

Members not liable for words spoken in debate 17 2 143

Compensation and mileage to members 23 2 144

Not to authorize any lotteries or grant any divorce 24 2 144

Extra compensation for past services prohibited 25 2 144

To direct how and where suits against state be brought 26 2 144

Vote on elections to be vive voce 27 2 144

Private or special laws prohibited 28 2 144

To provide for convict labor 29 2 145

Bribery of members, how punished 30 2 146

Members to declare private interests in bill and not to vote 30 2 146

Presiding officer of each house to sign bill 32 2 146

To establish a bureau of statistics, etc 34 2 147

To pass laws for protection of employes in mines and factories 35 2 147

To pass laws prohibiting the use of passes 89 2 147

To decide contested elections of state officers 4 3 148

May be specially convened by Governor 7 3 149

Secretary of State to keep records of 17 3 151

May abolish certain offices 25 3 152

May increase number of judges of Supreme Court 2 4 152

To provide for separate departments 2 4 152

May remove judge, attorney general, etc., for incompetency, etc., 9 4 157

Three-fourths of the members of each house to concur 9 4 157

To determine number of justices of the peace. .; 10 4 157

And to prescribe powers and duties 10 4 157

May make any courts, courts of record, except 11 4 157

May prescribe powers of inferior courts 12 4 157

May increase salaries of judges 14 4 158

To provide for publication of opinions of judges of Supreme Court 21 4 159

May provide for election of clerk of Supreme Court 22 4 159

May provide that there be no denial of franchise at school elections on

account of sex 2 6 161

To provide for securing absolute secrecy to electors in voting 6 6 161

To enact a registration law 7 6 162

To require compliance with law as a prerequisite to vote 7 6 162

But not compulsory, when 7 6 162

To provide for annual tax for expenses of each year 1 7 162

To provide for tax to pay state debt 1 7 162

To provide uniform and equal rate for taxation 2 7 162

To insure just valuation of property — 2 7 162

To provide general law for taxation of corporate property 3 7 163

To provide for account of receipts and expenditures 7 7 163

To provide for levying tax to meet deficiencies and expenses 8 7 163

May vest municipal corporations with power to make local improvements. 9 7 163

To provide system of public schools 2 9 166

May provide for enlarging of common school fund 3 9 166

To provide for the organization and discipline of militia 3 10 167

To provide for maintenance of soldier's home 3 10 168

To provide for protection and safe keeping of the public arms 4 10 168

To establish system of county government 4 11 169

To provide by general laws for township organization 4 11 169

INDEX TO CONSTITUTION. 251

Legislature— Cowimwec?. Sec.

To provide for election of county officers 5

And townsliip, precinct and district offlcers 5

To prescribe their duties and fix their term of office 5

To regulate their compensation . . : 5

To provide for their strict accountability 5

To fix salaries of all county officers and certain constables 8

To provide, by general laws, for incorporation of cities 10

May take property and franchises of corporations for public use 10

To establish maximum rates for freight and passengers 18

To prevent discrimination in rates 18

May establish a railroad and transportation commission 18

To prevent grants of free passes to public offtcers 20

To provide penalties for punishment of combinations affecting the price,

production and transportation of commodities 22

May declare forfeiture of property and franchise 22

To provide for choice of location for seat of government 1

To appoint a commission to establish harbor lines 1

To provide for the leasing of right to build and maintain wharves 2

Restrictions on power 2

To confirm sale of school and university lands made by county commis-
sioners 2

To protect homesteads from forced sale 1

To establish state board of health and bureau of vital statistics 1

To regulate practice of medicine and surgery 2

To regulate sale of drugs and medicine 2

May agree upon a convention to revise or amend constitution 2

To provide for election and tLx term of officers not provided for in consti-

tion 11

To divide state into congressional districts, when 13

To appropriate for expenses of constitutional conventions 19

Liabilities cannot be extinguished by special legislation 28

Llbbrty— Not to be deprived of without due process of law 3

Lieutenant-Governor :

When absent who to preside 10

To have deciding vote, when 10

When and by whom elected 1

Term of office 3

When to act as governor 10

To be president of senate 16

Salary of ; 16

Office may be abolished by legislature 25

Life, Liberty and Property— Not to be deprived of, without due process of

law 3

Limitation or Action— Special legislation prohibited 28

Local Oeeicers eligible to legislature, when 14

Lotteries prohibited 24

M.

Majority :

Of each house necessary to constitute a quorum ". . . 8

Necessary to pass bill 22

Special act cannot declare person of age 28

Of judges of supreme court necessary to form quorum and pronounce a

decision 2

Necessary for impeachment 1

Malfeasance in Office— (See Corruption in Office.)

Mandamus :

Original and appellate jurisdiction of supreme court 4

Original jurisdiction of superior court 6

Mandatory— Provisions of this constitution 29

Manufacturing Purposes— Uses of waters of state for, deemed a public use 1

Mbdicinb :

Legislature to regulate sale of • 2

Legislature to regulate the practice of 2

Art.

Page.

11

169

11

169

11

169

11

169

11

169

11

170

11

170

12

173

12

175

12

175

12

175

12

176

12

176

12

176

14

177

15

178

15

179

•15

179

16

179

19

181

20

181

20

181

20

181

23

184

27

191

27

191

27

193

2

144

1

137

2

142

2

142

3

148

3

148

3

149

3

151

3

151

3

152

1

137

2

144

2

143

2

144

2

144

2

144

2

144

4

152

5

160

4

154

4

155

1

140

21

181

20

181

20

181

252 INDEX TO CONSTITUTION.

Sec.

Mileage of legislators 23

MiLiTABY to be subordinate to civil power 18

Militia :

Officer eligible to legislature, when 14

Governor to be commander in chief 8

Who liable to military duty 1

Who exempt 1

Persons having religious scruples exempt , when ; . . . 6

Organization and discipline of 2

Privileged from arrest, when 5

Persons having conscientious scruples against bearing arms to pay for

exemption 6

Mines— Legislature to pass laws to protect employes in 35

Mining Pitrposes — Uses of waters of state for, deemed a public use 1

Minors— Sale of property by special acts prohibited 28

Monet :

How and when paid out of the treasury 4

Using or making protlt by offlcial a felony 14

In hands of municipal officers to be paid into the treasury 15

Corporations not to issue anything but lawful money of the U. S 11

Monopolies :

Prohibited 22

Adequate penalties to be provided 22

Forfeiture of franchise and property may be declared 22

Municipal Corporations :

Power to make local improvements by special taxation 9

Power to assess and levy taxes 9

Legislature may confer power to levy taxes for certain purposes 12

Power to contract debts 6

Limit of power 6

Not to give or loan its credit 7

May organize under general laws 10

And be subject to such laws 10

Private property not to be taken for debt of 13

Use of money by an offlcial a felony 14

Money to be deposited with treasurer 15

Power to extend streets over tide lands 3

Municipal Fine :

Appellate jurisdiction of supreme court 4

Original jurisdiction of superior court , 6

N.

Names— Change of, by special legislation prohibited 28

Naturalization — Power of, vested in superior court 6

Navigable Waters :

Legislature to establish a commission to locate harbor lines in 1

State asserts ownership of beds and shores of 1

New County- Restriction of formation of 3

Non-Residents— Taxation of lands of 2

Normal Schools may be established 2

Nuisances :

Appellate jurisdiction of supreme court 4

Original jurisdiction of superior court 6

O.

Oaths to be such as may be most consistent with and binding upon the con-
science 6

Oath oe Oeeice- Judicial officers to take 28

Obligation of contracts not to be impaired 23

Offenses :

No person to be twice put in jeopardy for 9 1 137

Right of trial by jury for 21 1 139

Art.

Page.

2

144

1

139

2

143

3

149

10

167

10

167

10

168

10

167

10

168

10

168

2

147

21

181

2

144

8

164

11

172

11

172

12

174

12

176

12

176

12

176

7

163

7

163

11

171

8

165

8

165

8

165

11

170

11

170

11

172

11

172

11

172

15

179

'4

154

4

155

2

144

4

155

15

178

17

180

11

164

26

186

9

166

4

154

4

155

1

137

4

160

1

139

INDEX TO CONSTITUTION. 253

Offenses— Cow«w2Med .• Sec. Art. Page.

Right of party accused 22 1 139

To be prosecuted by information or indictment 25 1 140

Impeachment of public officers 2 5 160

Existing, to be prosecuted in' name of state 5 27 188

Office :

No religious qualification for 11 1 138

Disqualification of legislators for certain civil offices 13 2 143

Who ineligible for legislature 14 2 143

Acceptance of, under U. S. to vacate seat in legislature 14 2 143

But certain officers are exempt 14 2 143

Disqualification for bribery 30 2 146

Vacancy, when filled by Governor 13 3 150

Legislature may abolish certain offices 25 3 152

Of judge of supreme and superior court open only to whom 17 4 158

Officers :

Not to be allowed extra compensation 25 2 144

Of militia may be members of legislature 14 2 143

Local, may be members of legislature 14 2 143

Bribery of, how punished 30 2 146

Legislature may abolish certain offices 25 3 152

Liable to impeachment 2 5 160

Not liable to impeachment may be removed by law 3 5 160

Of militia elected or appointed, how 2 10 167

Of county, district, town, etc., how elected 5 11 169

Who may or may not be salaried 8 11 170

Guilty of felony, when 14 11 172

Not to accept passes 20 12 176

Of state institutions to be appointed by Governor with advice and consent

of senate 1 13 177

Of territory and U. S. to hold office until superseded by state officers 6 27 188

Time of election under this constitution, 7 27 189

Legislature to provide for election of officers not provided for by consti-
tution , 11 27 191

(See Term of Office, Salaries.)

Official Acts cannot be made valid by special act 28 2 144

Omissions IN THE LAW to be reported to Governor 25 4 159

Opinions of StrPRBME Court :

To be published 21 4 159

Free for publication by any person 21 4 159

Ownership OF Land— Right of aliens 33 2 146

P.

Pardoning Power :

Vested in Governor, subject to 9 3 149

Governor to report to legislature number of pardons granted 11 3 149

Pass :

Use of by public officer prohibited 39 2 147

Grant of, by railroads to public officers and legislators, prohibited, 20 12 176

Passenger Tariff :

To be regulated by legislature 18 12 175

Abuses and extortions to be prevented 18 12 175

Penalties :

Cannot be remitted by special legislation 28 2 144

Accrued to territory to inure to state 3 27 187

Incurred unaffected by change in form of government 5 27 188

People :

Political power inherent in 1 1 137

Rights retained by 30 1 140

Right of petition and of peaceable assemblage 4 1 137

Right to security 7 1 137

Public lands to be held by state in trust for 1 16 179

Personal Property— Appellate jurisdiction of supreme court when amount

is over $200 4 4 154

254 INDEX TO CONSTITUTION.

Sec. Art. Page.

Persons Convicted OF Infamous Crimes excluded from elective franchise. 3 6 161

Petition— Right of, not to be abridged 4 l 137

Police Justice— Justice of the peace may be made 10 4 157

Police Regulations— County, city, etc. , may enforce 11 11 171

Political Power inherent in people 1 1 137

Postmaster may be eligible to legislature, when 14 2 143

Powers of Government :

Legislative, where vested 1 2 140

Executive, where vested 1 3 148

Judicial, where vested 1 4 152

Pardoning power, where vested 9 3 149

Precinct Officers :

Legislature to provide for election of 5 11 169

To prescribe duties of, etc 5 11 169

County commissioners to fill vacancies in office 6 11 169

Term of ofQce of present officers 14 27 191

President of Senate :

Who is 16 3 151

Temporary 10 2 142

Press— Liberty of, secured 5 1 137

Private Legislation on certain matters prohibited 28 2 144

Privilege :

Not to be granted irrevocably 8 1 137

Of members of legislature from arrest 16 2 143

Of electors from arrest 5 6 161

Of militia from arrest 5 10 168

Privileges and Immunities— Equal, to all citizens and corporations (see

Immunities) 12 1 138

Probate Court :

Merger of, in superior court to take place, when 10 27 190

Judge to perform duties until term of ofQce expires 10 27 190

Probate Matters :

Appellate jurisdiction in supreme court 4 4 154

Original jurisdiction in superior court 6 4 155

Appellate jurisdiction in superior court 10 27 190

Process:

Privilege of members of legislature from •. 16 2 143

Of superior court to extend to all parts of state 6 4 155

Style of 27 4 160

Of state court may be served on lands of U. S 25 185

Issued under authority of territory to be valid 1 27 187

Proclamation of President of U. S.— Constitution to go into effect upon. 16 27 192

Prohibition :

Appellate and revisory jurisdiction of supreme court 4 4 154

Original jurisdiction of superior court 6 4 155

Writs may be issued and served when 6 4 155

Separate articles rejected 17 27 192

Property :

Persons not to be deprived of, without due process of law 3 1 137

Not to be taken for private use, except 16 1 138

Not to be taken without just compensation 16 1 138

To be taxed in proportion to its value 1 7 162

Not to be taken to pay corporate debt 13 11 172

Of every kind belonging to the territory to vest in the state 4 27 188

Prosecuting Attorney.:

May be removed for incompetency or corruption in olSce 9 4 157

Right of accused 9 4 157

Legislature to provide for electing 5 11 169

(See County Officers.)

Prosecutions :

To be conducted in name of state 5 27 188

Not affected by change in form of government 5 27 188

Public Administrator— May or may not be salaried offlcer 8 11 170

INDEX TO CONSTITUTION. 255

Sec. Art. Page.

Public Arms— Legislature to provide for protection and safe keeping of 4 10 168

Public Debts— Private property not to be taken for payment of 13 11 172

Public Lands:

Granted to state to be held in trust for people 1 16 179

Not to be disposed of except for full market value 1 16 179

State disclaims all title to unappropriated 2 26 186

Unappropriated to be subject to control of U. S 2 26 186

Public Monet:

Not to be appropriated for religious worship 11 1 138

Statement of receipts and expenditures to be published 7 7 163

Public Safety may require suspension of habeas corpus 13 1 138

Public Schools:

Legislature to provide a system of 2 9 166

System to include what 2 9 166

To be free from sectarian control 4 9 167

Shall be free from sectarian control and open to all children 4 26 187

To be established and maintained by state 4 26 187

Public Use:

Property not to be taken for, without compensation 16 1 138

A judicial question 16 1 138

Punishment— Cruel, Not to be inflicted 14 1 138

Q.

Qualification :

Religious, not to be required for public office 11 1 138

Of members of legislature 7 2 142

Each house to judge of 8 2 142

Of state officers 25 3 152

Of electors 1 6 161

Quorum :

Majority of each house shall constitute 8 2 142

Less may adjourn and compel attendance 8 2 142

Majority of judges of supreme court necessary to form 2 4 152

Quo Warranto:

Jurisdiction of supreme court 4 4 154

Jurisdiction of superior court 6 4 155

R.

Race, Color, Sex — No discrimination in education on account of 1 9 166

Railroad AND Transportation Commission— Legislat are may establish.. 18 12 175
Railroad Companies:

Are common carriers 13 12 174

Subject to legislative control 13 12 174

May connect at state line with foreign railroads 13 12 174

May intersect, cross or connect with other railroads 13 12 174

And when of same gauge shall form proper connection for transfer of cars, IS 12 174

Delay and discrimination prohibited 13 12 174

Not to combine to share earnings 14 12 175

Discrimination between places or persons prohibited 15 12 175

Charges to any station not to exceed those to a more distant station 15 12 175

Excursion and commutation tickets 15 12 175

Consolidation with competing line prohibited 16 12 175

Rolling stock to be personal property 17 12 175

Liable to taxation and execution and sale 17 12 175

Maximum rates for transportation of freight and passengers to be estab-
lished by legislature IS 12 175

To allow telegraph and telephone companies to construct lines on their

right-of-way 19 12 175

Discrimination in rates and privileges to any telegraph or telephone com-
pany prohibited 19 12 175

Prohibited from granting free passes or selling tickets at a discount to

any public officer. 20 12 176

256 INDEX TO CONSTITUTION.

Railroad Companies— C'owfmued. Sec. Art. Page.

To allow equal terms of transportation to all express companies 21

Discrimination of rates and privileges prohtbited 21

(See Common Carriers.)

Real Property:

Appellate jurisdiction of supreme court 6

Original .iurisdiction of superior court 6

Rebellion or Invasion— Suspension of habeas corpus 13

Receipts and Expenditures— Account of, to be published 7

Recognizance:

To remain valid and unaffected upon change in form of government 4

And to pass to state 4

Records :

Of state officers to be kept at seat of government

Of district court to be transferred to superior court 8

Registration Law:

To be enacted by legislature 7

Elector not to vote until complied with 7

Not compulsory, when 7

Release of Debt or Obligation— Special legislation prohibited 28

Religion:

Freedom of conscience in matters of. guaranteed 11

No one to be molested on account of 11

No person to be incompetent as witness or juror on account of 11

Perfect toleration in, secured 1

Religious Worship:

No public money to be apropriated for 11

Mode of, not to be interfered with 1

Removal erom Office:

Of Governor, who to act 10

On Impeachment 2

Representatives :

Number of 2

To be reapportioned after each census 32

Members, when and how chosen 4

Members of, when and how chosen alter first election 5

Term of office 4

Members elected after first election, terms of 5

Qualifications of 7

To be privileged from arrest 16

Compensation and mileage 23

Not to receive pass , 39

Apportionment of 2

To congress of U. S. from state at large, when and how to be elected 13

Vote for such representative at first election to be according to territorial

law 13

Reprieve— To be reported by Governor to the legislature 11

Reporter of Supreme Court:

To be appointed by judges 18

Salary to be prescribed by law 18

Residence :

Of certain state officers, where 24 3 152

Absence of citizen in public service, or at certain institutions not to affect

residence 4

Revenue — State may contract debts to meet casual deficits or failure in 1

Revenue and Taxation:

Property to be taxed in proportion to its value 1

Uniform and equal rate of 2

Deduction of debts from credits allowed 2

Power to tax corporations never to be suspended or surrendered (see

Tax, Taxation) 4 7 163

Review, Writ of:

Appellate and revisory jurisdiction of supreme court 4 4 154

Original jurisdiction of superior court 6 4 155

12

176

12

176

4

155

4

155

1

138

7

163

27

188

27

188

24

184

27

189

6

162

6

162

6

162

2

144

1

138

1

138

1

138

26

186

1

138

26

186

3

149

5

160

2

141

2

146

2

141

2

141

2

141

2

141

2

142

2

143

2

144

2

147

22

183

27

191

27

191

3

149

4

158

4

158

6

161

8

164

7

162

7

162

7

162

23

184

23

184

23

184

1

137

1

138

1

137

1

140

1

140

1

140

27

187

11

169

2

142

4

159

INDEX TO CONSTITUTION. 257

Revision of Constitution : Sec. Art. Page.

Two-thirds of each house necessary to recommend. 2

Vote for, how provided for 2

Convention to consist of 2

Right of Petition not to be abridged 4

RiGHT-OF-W AY— Appropriation of 16

Right to Assemble not to be abridged 4

Right to Bear Arms :

Not to be impaired 24

Meaning constructed 24

Rights :

Enumerated, not to deny others retained 30

Existing, not to be affected by change in form of government 1

Road District Officers — County commissioners to fill vacancies in ofllce ... 6

Rolling Stock— (See Railroad Companies.)

Rules :

Of proceedings, each house to determine 9

Of superior court, judges to establish 24

S.

Sailors lobe excluded from enumeration of inhabitants 3

Salaries :

Of officers not to be changed during term 25

Of Governor 14

Of other state officers 16-28

Of judges of supreme court 13

How payable to judges of supreme and superior courts 14

Not to be increased during term of office 13

To be paid by state 13

Of judges of superior court 13

How and when payable 14

Half to be paid by state and half by counties 13

Or apportioned by counties 13

Of supreme court reporter to be prescribed by law 18

Of county, etc., officers, legislature to fix 8

Of certain constables 8

Sanitary Regulations— County, city and town may enforce 11

School District— Power to contract debts (see County, City and Township) 6

School Elections— Elective franchise not denied at, on account of sex 2

School Funds :

Apportionment of, by special acts prohibited 28

To be applied exclusively to common schools 2

School Lands— (See Lands, Public.)

Schools— (See Public Schools.)

Seal :

Of state to be kept by Secretary of State 18

Description of

Of territorial courts, municipal and county officers to be seals under state 9

Seat of Government :

Location of, how determined 1

Votes of majority of electors necessary to locate 1

If no choice at first election, provisions for determining location — 1

Temporary location to be where , 1

Two-thirds vote of electors necessary to change location 2

Form of ballot for location of 18

Secrecy to be secured in voting 6

Secretary of State:

When and by whom elected 1

Term of office 3

To act as Governor, when 10

To attest commissions 15

Duties of ■ 17

Shall keep office at capital of state 24

Salary of 17

2

144

2

143

3

151

4

157

4

158

4

157

4

157

4

157

4

158

4

157

4

157

4

158

11

170

11

170

11

171

8

165

6

161

2

144

9

166

3

151

18

181

27

190

14

177

14

177

14

177

14

177

14

178

27

192

6

161

3

148

3

148

3

149

3

150

3

151

3

152

3

151

258 INDEX TO CONSTITUTION.

Sec. Art. Page.

Sectarian Control — Public schools to be forever free from 4 26 187

Security:

Of person in private affairs and at home 1 1 137

Of Individual rights, what is essential to 32 1 140

Senate:

Legislative powers vested in 1 2 140

Number of members 2 2 141

To be re-apportioned after each census 3 2 141

To try all impeachments 1 5 160

Senatorial Districts:

To be of convenient and contiguous territory 6 2 141

No representative district to be divided in formation of 6 2 141

To be numbered consecutively 6 2 141

Numberof 1 22 181

Number and constitution of each district 1 22 181

Senators :

Numberof 2 2 141

When and how chosen 6 2 141

Termofofflce 6 2 141

Allotment of • 6 2 141

Trials of impeachment by 1 5 160

To be under oath of affirmation 1 5 160

Two-thirds of, necessary for conviction 1 5 160

Separate Articles :

Submitted to people for adoption or rejection 17 27 192

"Woman sufrage [rejected] 17 27 192

Prohibition [rejected]. 17 27 192

Form of ballot 18 27 192

Sessions:

Of each house to be open 11 2 142

Of legislature to be biennial 12 2 142

But legislature may change times of meeting 12 2 142

Length of 12 2 142

Of supreme court to be at seat of government 3 4 153

Of superior court 5 4 154

toEWERS — Right of city to contract debts for 6 8 165

Sex:

No denial of elective franchise at school elections on account of 2 6 161

No distinction in educational provisions on account of 1 9 166

Shbriefs:

Legislature to provide for election of 5 11 169

Prescribe duties, to fix term and salary 5 11 169

To provide for strict accountability of 5 11 169

Soldiers :

Not to be quartered in time of peace 31 1 140

To be excluded from enumeration of inhabitants 3 2 141

Soldiers' Home— Legislature to provide for maintenance of 3 10 168

Special Legislation on certain matters, prohibited 28 2 144

Special Prxvtleges— When void 2 12 172

Speech — Liberty of guaranteed 5 1 137

State:

Suits against, how and when brought 26 2 144

Not to surrender power to tax corporations 4 7 163

Power of state to contract debts 1-3 8 164

Limit of power 1 8 164

Power to contract certain debts may be conferred at general election. . . . 3 8 164

Money to be applied, how 1 8 164

Not to loan its credit 5 8 165

To make provision for education of all children 1 9 166

Not to subscribe for stock of corporations 9 12 173

To support state institutions 1 13 177

Restrictions in selling land or rights In harbors 1 15 178

To hold public lands in trust for people ,,,,,,,.,,,,,,,, l 16 179

INDEX TO CONSTITUTION. 259

St ATE— Continued : Sec. Art. Page.

May sell timber and stone off any state lands, how 3 16 180

Asserts ownership of bed and shores of navigable waters 1 17 180

Disclaims title in tide lands patented by U. S 2 17 181

Consents to exclusive legislation of IT. S. over certain lands 1 25 185

On certain conditions 1 25 185

Compact with U. S 26 186

Disclaims all title to unappropriated public lands or Indian lauds 1 25 185

Not precluded from taxing lands of Indians who hold by grant 2 26 186

Except land exempted by act of congress 2 26 186

Assumes debts and liabilities of territory 3 26 187

Agrees to establish free public schools 4 26 187

Debts fines, etc., accrued to territory to pass to state 3 27 187

All property of territory to pass to 4 27 188

Criminal prosecutions to continue in name of 5 27 188

State Board of Health — Legislature to establish 1 20 181

State Indebtedness:

Provisions for paying annual expenses and state debt 1 7 162

State may contract debts to meet casual deficits in revenue 1 8 164

Limits to aggregate debt. 1 8 164

May be increased by state to repel invasion 2 8 164

Or for single work or object 3 8 164

Law to provide for such object to be submitted to people 3 8 164

Majority of votes necessary 3 8 164

And law to be published 3 8 '164

State to assume losses to common school funds 5 9 167

■State Institutions and Public Buildings:

To be supported by state 1 13 177

Offlcers to be appointed by Governor 1 13 177

With advice and consent of senate 1 13 177

State Lands — (See Lands, State Lands.)

Statement oe Receipts and Expenditure to be published annually 7 7 163

State OrncERs:

Termofoface 3 3 148

Election of, how declared 4 3 148

Contested elections of, to be decided by legislature 4 3 148

Term of, to begin when 4 3 148

To furnish information in writing to Governor 5 3 148

State offlcers to keep records, where 24 3 152

Salaries of 14-23 3 148

Residence of certain 24 3 152

Qualification for ofiflce •. 25 3 152

Compensation not to be increased or diminished during term 25 3 152

Legislature may abolish offices of certain 25 3 152

Liable to impeachment 2 5 160

Time of election ,...■ 8 6 162

State School Tax revenue to be applied exclusively to common schools ... 2 9 166

Statutes— Enacted clause of 18 2 143

Stockholders:

Liability of '■ 4 12 172

As parties defendant in suit 4 12 172

Liability of, in banking, insurance and joint stock companies 11 12 174

Stock of corporations:

Not to be owned by county, city, etc 7 8 165

Not to be issued except to 6oraa^<?e subscribers 6 12 173

Or assignees ^ 12 173

Not to be increased except by general law 6 12 173

Consent of whom necessary to increase 6 12 173

Notice of increase to be given 6 12 173

Ficticiousincrease tobe void 6 12 173

Streets and Roads:

Private and special laws prohibited 28 2 144

Exceptions 28 2 144

Municipal corporations may extend over tide lands, etc 3 15 179

260 INDEX TO CONSTITUTION.

Sec. Art. Page.

Sttjdbnt— Absence from state not to affect the right to vote 4 6 161

Suffrage:

Right of, shall be free, equal and undisturbed 19 1 139

Right to, who entitled 1 6 161

Who not entitled 1 6 161

Suits Against State— Legislature to direct how and when to be brought... 26 2 144

Superintendent of Public Instruction:

When and by whom elected 1 3 148

Ternaofofflce 3 3 148

Duties of 22 3 152

Shall keep records at capital of state ,.. 24 3 148

Salary of 22 ,4 152

Superior Court:

Judge of , to order grand jury to be drawn. , 26 1 142

Vested with judicial power 1 4 150

In each organized county 5 4 154

With at least one judge for each county 5 4 154

How elected 5 4 154

Assignment of counties to a judge 5 4 154

Number of sessions in each county 5 4 154

Business of, how to be distributed 5 4 154

Each judge to.be invested with the powers of all 5 4 154

Governor to fill vacancies 5 4 154

Jurisdiction of 6 4 155

Power to naturalize 6 4 155

Appellate jurisdiction in justice and inferior court 6 4 155

Always to be open except on non-judicial days 6 4 155

May issue writs 6 4 155

Process to extend to all parts of state 6 4 155

Judges may sit in any county 7 4 156

Judge pro tempore 7 4 156

To be a court of record 11 4 157

Judge to decide cause within ninety days after final submission 20 4 159

Judge may appoint court commissioners 23 4 159

Judges to establish rules for government of 24 4 159

Judges to report in writing defects, etc.. In the laws to judges of supreme

court 25 4 159

Clerk of, to be county clerk 26 4 160

To assume jurisdiction of pending causes, and to take court records, when, 8 27 189

To assume jurisdiction of probate matters, when 10 27 190

To have appellate jurisdiction over probate court until it expires 10 27 190

Provision for contested [first] election of judges 12 27 191

Supreme Court:

Invested with judicial power 1 4 152

To consist of five judges 2 4 152

Majority required to form a quorum 2 4 152

And to pronounce a decision 2 4 152

Always to be open except on non-judicial days 2 4 152

Decision in all cases to be in writing 2 4 152

Grounds to be stated 2 4 162

Number of judges may be increased , j 2 4 152

Legislature may provide separate departments 2 4 152

Judges, election of 3 4 153

First election, when 3 4 153

Classification by lot of judges first elected. 3 4 153

Seats to be vacated every two years 3 4 153

Chief justice, who to be 3 4 153

Governor to fill vacancies in office. 3 4 153

Sessions to be held, when 3 4 153

Jurisdiction of 4 4 154

Court of record 11 4 157

Judges to appoint reporter 18 4 158

Judges to appoint clerk of the court 22 4 159

INDEX TO CONSTITUTION. 261

SUPBEMB CoTTBT — Continued. Sec. Art. Page.

Judges to report in writing defects and omissions in the laws to the

governor 25 4 159

To assume jurisdiction of pending causes and to take court papers, when. 8 27 189

Sttpremb Law— U. S. constitution 2 1 137

Surveyors may or may not he salaried officers 8 11 170

T.

Tax:

Assessment or collection of, by special act prohibited 28 2 144

Extending time for collection by speciaWact prohibited 28 2 144

Appellate jurisdiction of supreme court 4 4 154

Original jusisdiction of superior court 6 4 155

All property subject to 1 7 162

Annual tax for expenses of state 1 7 162

Annual tax to pay state debt 1 7 162

Not to be levied except in pursuance of law 5 7 163

Levied for state purposes to be paid into the treasury 6 7 163

To meet deficiency in expenditure legislature may levy 8 7 163

By municipal corporations to be uniform 9 7 163

Taxation :

Legislature to provide uniform and equal rates of 2 7 162

Deduction of debts from credit authorized 2 7 162

What property exempt from 2 7 162

Of corporate property by same methods as of individuals 3 7 163

Power to tax corporation not to be surrendered by state 4 7 163

Municipal corporation vested with power of 9 7 163

Lands of U. S. exempt from 2 26 186

Rolling stock of railroads subject to 17 12 175

Of lands of non-residents 2 26 186

Of certain Indian lands 2 26 186

Exemption of certain Indian lands from 2 26 186

State may tax lands of Indians held under patent or grant 2 26 186

Unless exempt by act of congress 2 26 186

Technical Schools may be established 2 9 166

Telegraph and Telephone Companies:

Any one authorized to construct lines in this state 19 12 175

Delay and discrimination in receiving and sending messages prohibited.. 19 12 175

Declared to be common carrier 19 12 175

Subject to legislative control 19 12 175

Right to construct lines along railroad 19 12 175

No discrimination by railroads in rates or privileges 19 12 175

Right of eminent domain extended to 19 12 175

Term of Oeeicb:

Of representatives 4 2 141

Of senators 6 2 141

Of governor 2 3 148

Of lieutenant governor 3 3 148

Of other state officers 3 3 148

When to begin 4 3 148

Of judges of supreme court 3 4 153

Of judges of superior court 5 4 154

Of county, district, township and precinct officers 5 11 169

Of those in office at time state government is organized 14 27 191

Officers not provided for in constitution, legislature to regulate 11 27 191

Of all officers elected at first election under constitution, when to begin. , 16 27 192

Territort

State assumes debts of 3 26 187

Process issued under authority of, to be valid 1 27 187

Change of form of government not to affect rights, actions, etc 1 27 187

Laws of, to remain in force until when 2 27 187

Accrued debts, fines a nd penalties to inure to the state 3 27 187

All property of, to vest in state.. — • 4 27 188

Officers of, to hold office until superseded by state officers 6 27 188

Courts of, to continue until when 8 27 189

262 INDEX TO CONSTITUTION.

Testimony: iSec. Art. Page.

No person to be compelled to testify against himself 9 1 137

Weight of, not to be affected on account of religious belief 11 1 138

Necessary to conviction of treason 27 1 140

On prosecution for bribery 30 2 146

Tide Lands:

Municipal corporations may extend streets over 3 15 179

State asserts ownership to 1 17 180

Vested rights may be asserted in courts of state 1 17 180

State disclaims title to lands patented by U. S 2 17 181

Grants of , not validated 2 27 187

Tbdb Watebs — ( See Harbors.)

Timber and Stone may be sold off state lands, how 3 16 180

Toll:

Appellate jurisdiction of supreme court 4 4 154

Original jurisdiction of superior court 6 4 155

Town:

Amendment of charter by special legislation, prohibited 28 2 144

May organize under general laws 10 11 170

(See City, County and Township.)

Township Officers:

Legislators to provide for 5 11 169

To prescribe duties, fix term and compensation 5 11 169

County commissioners to fill vacancies in.. 6 11 169

Township Organization:

Legislature to provide for 4 11 169

County may adopt 4 11 169

Majority vote necessary for adoption of 4 11 169

Transportation Companies are common carriers (see Railroad Companies) 13 12 174

Treason :

What constitutes '. .; 27 1 140

Evidence necessary to convict for 27 1 140

Treasurer:

Of state, when and by whom elected , 1 3 148

Term of office 3 3 148

Dutiesof 19 3 161

Shall keep records at capital of state '. 24 3 152

Salaryof 19 3 151

Must reside where 24 3 152

When ineligible 25 3 152

Of county, legislature to provide for election of ( see County Officers ) — 5 11 169

Tbbasdry — Money paid out of, how and when 4 8 164

Trial by Jury:

Right of , to be inviolate ...............: 21 1 139

Jury to consist of ...■.......;... 21 J 139

Number necessary for verdict 21 1 139

Jury may be waived 21 1 139

Trusts :

Prohibited 22 12 176

Under penalties to be provided 22 12 176

Legislature may declare forfeiture of property and franchise 22 12 176

u.

United States:

Acceptance of office under, vacates seats in legislature 14 2 143

Consent of, necessary to enable state to dispose of certain lands 1 16 179

Compact of state with. .' 26 186

Title to unappropriated lands to be in 2 26 186

Taxation of lands of 2 26 186

Officers of , to hold office until superseded by state officers 6 27 188

University Lands— (See Lands, Public Lands.)

INDEX TO CONSTITUTION. 263

V.

Vacancy : Sec.

In legislature filled by Governor 15

In ofQce, when filled by Governor 13

In office of judge of supreme court filled by Governor 3

In office of judge of superior court filled by Governor 5

In county, township, etc., offices to be filled by county commissioners 6

VALroATiNG Acts of deeds, wills, etc., by special acts prohibited 28

VALIDITY OF Statute— Appellate jurisdiction of supreme court 4

Verdict in civil cases, number of jurors 21

Veto :

Governor to have power to 12

Two-thirds of Legislature may pass bill over 12

VzLiiAGB— (See TOWN.)

Vote :

In elections by legislatures to be viva voce 27

And entered on the journal 27

Qualification necessary to ; 1

Who entitled to 1

Who not entitled to 1

At school elections, who entitled to 2

Who excluded from right to 3

Residence of certain persons not to aflect right to 4

To be by ballot 6

Prerequisite to the right to 7

For representation to congress, how determined 13

At first election to be according to territorial laws 15

VOTEBS :

Qualification of 1

Privileged from arrest on election day, except 5

Absence of certain persons not to aflect rights to 4

W.

Water akd Water Rights :

Power of city to contract debts for 6

Restrictions on state in selling water rights 1

Appropriation for irrigation, etc., declared a public use 1

Wharfage :

Legislature to provide for leasing by general laws 2 .

Limit of term 2

Wills cannot be validated by special acts 28

Witness :

Not to be compelled to testify against himself 9

Not incompetent in conse<iuence of religious opinion 11

Concurrence necessary in treason 27

Woman Suffrage— Separate article [rejected] 17

Writs :

Jurisdiction of supreme court 4

Jusisdiction of superior court 6

Y.

Yeas and Nats to be entered on journal, when 21

To be taken on final passage of bill 22

In case of emergency for passage of bill 31

To be taken on vote to consider bill not introduced in time 36

Art.

Page.

2

143

3

150

4

153

4

154

11

169

2

144

4

154

1

139

3

149

3

149

2

144

2

144

6

161

6

161

6

161

6

161

6

161

6

161

6

161

6

162

27

191

27

191

6

161

6

161

6

161

8

165

15

178

21

181

15

179

15

179

2

144

1

137

1

138

1

140

27

192

4

154

4

155

2

144

2

144

2

146

2

147

ADDENDUM

CONTAINING THE

SCHOOL TEXT BOOK LA^A^

PASSED OVER GOVERNOR'S VETO

BY THE

EXTRAOEDINARY SESSION, JUNE 12, 1901.

SELECTION OF SCHOOL TEXT BOOKS.

[House Bill No. 82.]

An Act to provide for the selection and use of school text books
and supplementary text books in the public schools of the State
of Washington, for the prescribing of courses of study therein,
and dividing the school districts of the state into classes, and
repealing all laws and parts of laws inconsistent with the pro-
visions of this act.

Be it enacted by the Legislature of the State of Washington :
Section 1. That for the purpose of this act the school
districts of the State of Washington shall be and they
hereby are divided into and shall consist of two classes,
viz.: School districts of the first class and school dis- ^|stricts°^
tricts of the second class, and the school districts of
the first class shall consist of all of the school districts
in the state which are maintaining or which shall here-
after establish and maintain a high school of not less
than a two years' course of study. Every other school
district of the state shall be a school district of the sec-
ond class, and the school districts of the second class of
the State of Washington shall consist of all school dis-
tricts which are not maintaining or which shall not
hereafter establish and maintain a high school of not
less than a two years' course of study.

Sec. 2. That the text books for use in the public fe^^ftJ'^°^,s°l
schools of each school district of the first class shall be i^ywiiom.
selected by the text book commission of such school
district. The text book commission of such school °/f^^^fsl°ion.
district shall consist of five persons, including the city
superintendent, or, if there be none, then the principal
of the high school, who shall be ex-officio chairman of
the commission, two members of the city board of edu-
cation, or board of school directors of the district, to
be designated by such board, and one of whom shall
be ex-officio secretary of the commission, and two law-
fully qualified teachers engaged in teaching in such
school district, to be appointed by the board of educa-

IV

ADDENDUM.

Tenure
of ofllce.

Powers of
commission.

Minimum
length of time
text books
shall be used.

Supplement-
ary books.

Meetings.

Shall adver-
tise for
proposals.

tion or board of school directors of the district. Each
member of the text book commission shall take the
oath to faithfully discharge the duties of his office.
The term of office of the text book commision shall be
five years and until their successors are appointed and
qualified. A text book commission shall be appointed
in each school district of the first class, in the month
of June in the year 1901, and in every month of June
every five years thereafter. Said text book commission
shall have power to select text books for the use in the
public schools of the school district for which it is ap-
pointed, and it shall be the duty of the board of
directors to require the introduction and use of all
text books lawfully adopted for use in their respective
districts. The text books selectejl by the commission
shall cover such branches and studies as are required
to be taught in like schools, by the state course of
study issued by the State Superintendent of Public In-
struction, and as are required to be taught by the laws
of the State of Washington. Any text book selected
for use in the schools of the district shall continue
in use until displaced or replaced by order of the text
book commission, and no text book selected or intro-
duced into the schools by the text book commission
shall be displaced or replaced within three years from
the date of its introduction into the schools. But
nothing in this act or any other law shall be so con-
strued as to prevent the text book commission of any
school district of the first class from using or introduc-
ing, at any time, any supplementary or additional
books which may from time to time be deemed neces-
sary in order to maintain the highest standard of
excellence in the schools of the district.

Sec. 3. The text book commission of each school dis-
trict of the first class shall, between the first day of
April and the first day of July of each year, when any
text books are to be selected by such commission, pub-
lish an advertisement in a newspaper of general circu-
lation published in the county, or if there be no such
newspaper published in the county, then in any news-

ADDENDUM. -,

paper published and having a general circulation in
the state, to the effect that the commission will, on a
day therein named, select text books for the use of the
schools in such districts, and invite proposals for the
furnishing of such books, the proposals to state an ex-
change and a retail price at which the proposer will
furnish books for the schools of the district during the
period of their use in such schools.

Sec. 4. It shall be the duty of the principal of each Duties of

•^ jr jr principal.

school in all districts of the first class to prepare and
issue, under the direction of the city board of educa-
tion, or board of school directors of the district, a course
of study for his schools, which course of study must,
before going into effect, be approved by the State
Superintendent of Public Instruction. Such course of ^tu"dy.^°^
study shall conform to the manual, or general outline,
prescribed by the State Superintendent of Public In-
struction, and all examinations and promotions under
the same shall be based upon the minimum credits in
each study, as prescribed by the State Superintendent
of Public Instruction in his general manual or outline
course of study.

Sec. 5. That there shall be in each county in this county board

■^ of education

state containing any school district or districts of the ^^jf^^^*® °*
second class, a county board of education, which shall
be composed of five persons, including the county su-
perintendent of common schools, who shall be ex-officio
president of the board, two lawfully qualified teachers
engaged in teaching in the county, and two citizen
taxpayers of the county, which last mentioned four mem-
bers of the county board of education shall be appointed
by the board of county commissioners of each and
every county in the state. Each member of the county stiaii take
board of education shall take an oath to faithfully and
honestly discharge the duties of his office. The term
of office of the members of the countv board of educa- Tenure

•^ ^ of oftice.

tion shall be four years, and they shall hold their
offices until their successors are appointed and qualified.
The board of county commissioners in each county Jp^f^ed.
shall, in the month of March, 1901, and in the month

VI

ADDENDUM.

Duties of
board.

Shall
advertise
for proposals.

Minimum
length of time
books may
be used.

Supplement-
ary books.

Annual meet-
ing of board.

Special
meetings.

Course of
study.

of March every four years thereafter, appoint the
county board of education for their respective coun-
ties, and they shall have power and it shall be their
duty to fill all vacancies that may occur in said board.
Sec. 6. The county board of education in each county
of this state shall, between the first day of April and
the first day of July of each year when any text books
are to be selected, publish and advertise in a news-
paper of general circulation in said county to the effect
that said county board of education will on a day
named therein select text books for the use of all the
school districts of the second class in said county, and
invite proposals for the furnishing of such books, the
proposals to state an exchange price, a wholesale price
and a retail price at which the proposer will furnish
books for the schools of all districts of the second class
during the period of their use in the schools of such
districts. Any text books selected for use in the schools
shall remain in use until the same shall be displaced
or replaced by the county board of education ; but no
book selected and introduced into the schools shall in
any event be changed within five years from the date
of introduction. The county board of education or
the officers of any school district of the second class,
shall have power to select, introduce and use additional
and supplementary books at any time, when they deem
it necessary, in order to establish and maintain the
highest standard of excellence in their schools. The
county board of education shall hold an annual meet-
ing at the county seat, on the second Monday in July,
1901, and on the second Monday in July in each year
thereafter, for the purpose of transacting any business
that may lawfully come before it, and they shall meet
at such other times as may be deemed necessary by
the majority of the board, and it shall be the duty of
the county superintendent, as president of the board,
to call a meeting at any time, upon the written request
of three members of the board : Provided, That the
Superintendent of Public Instruction shall have power
and it shall be his duty to prescribe a uniform course

ADDENDUM. vii

of study for all schools of the second class : Provided
further, That any publisher or publishers of school
books furnishing books under the provisions of this
act to any district or districts of this state shall deposit
with the Superintendent of Public Instruction a copy
of any and all books so furnished.

Sec. 7. Each member of the text book commission ofSemte^rs'''^
in school districts of the first class shall receive as°*^°*'^'^"
compensation for his services, the sum of three dollars
for each day during which he is in attendance upon the
meetings of the text book commission, and such compen-
sation shall be paid from the funds of the school district.
Each member of the county board of education shall
receive three dollars for each day he is in attendance
upon a meeting of the board, and the same shall be
paid from the funds of the county.

Sec. 8. In all ioint districts of the second class, that Joi?* dist"cts

J ' under jurisdic-

is to say, in all school districts of the second class ^^ard! ^^^^
situated in more than one county, such joint school
district shall, for the purposes of this act, be held and
deemed to be a school district within the one of said
counties first created, and for all purposes of this act it
shall be under the control and jurisdiction of the
county board of education of such oldest county.

Sec. 9. That section 105, being article I, of chapter certain

' o i r provisions

V, of the Code of Public Instruction of the State of repealed.
Washington, passed by the Legislature of the State of
Washington at the session of 1897, approved March 19,
1897, and all other parts of said Code of Public Instruc-
tion in any wise in conflict with the provisions of this
act, and all other acts and parts of acts in any wise
conflicting with the provisions of this act, be and the
same are hereby repealed.

Passed the House March 5, 1901.

Passed the Senate March 14, 1901.

Vetoed by the Governor, March 23, 1901.

Passed the House, notwithstanding Governor's veto,
June 12, 1901.

Passed the Senate, notwithstanding Governor's veto,
June 12, 1901.

rav